Section 10 Dismissal
Section 10 of theCrimes (Sentencing Procedure) Act 1999 (NSW) enables the Court to discharge you without recording a conviction, despite finding you guilty of an offence.
A section 10 dismissal is available for all criminal or traffic offences except where you have been found guilty of committing two major traffic offences within 5 years. It can result in avoiding a driver's licence disqualification or criminal record. This is an ideal outcome when considering career prospects, overseas travel, and flexibility and freedom to drive.
If you wish to plead guilty to a criminal or driving/traffic offence it is imperative to contact an experienced criminal lawyer to discuss the options you have available to best represent your case.
FAQ's
Section 10 Dismissal
What Does Section 10 Say?
Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) states that:
(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders--
(a) an order directing that the relevant charge be dismissed,
Section 10 has been implemented as a ‘safety valve’ to ensure that justice is served in situations where extenuating circumstances arise despite the breach of a law, or the matter is so trivial that it impedes the appropriateness of punishment.
Who is Eligible for a Section 10 Dismissal?
The court has regard to the following factors about an accused when making a section 10 dismissal:
(a) the person's character, antecedents, age, health, and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
What Type of Offences Can Have a Section 10 Dismissal as the Outcome?
A section 10 dismissal is generally more viable for offences including but not limited to: drink driving, assault, fraud, indecent assault, and drug offences. Although someone is more likely to get a section 10 dismissal for a trivial matter, this dismissal can also be used under serious circumstances.
No hard and fast rule predetermines a section 10 dismissal, as each offence must be closely considered with surrounding circumstances and the actual offending behaviour.
The only exception to all offences generally being available to a section 10 dismissal, is under section 203 of the Road Transport Act 2013 (NSW). This stipulates that a section 10 dismissal is prohibited if you received the same penalty in the last 5 years for certain offences including:
Drink driving
Negligent driving where death or grievous bodily harm results
Driving at a speed or manner dangerous, furious, or reckless driving.
What are Extenuating Circumstances?
Extenuating circumstances refer to unusual situations that can partly explain why the offence was committed. For instance, in the case of R v Piccin (No 2) [2001], the defendant had a terrible life where she lost her husband, was duped by a con artist out of her home, and then dumped by her new partner (the man she assaulted).
It is important to note that whilst these circumstances do not eradicate the conduct of the accused, it does mitigate the likelihood of a criminal conviction.
How Do I Increase My Likelihood of Receiving a Section 10 Dismissal?
You can improve the likelihood of getting a section 10 dismissal by providing the court with materials showing:
three character references – these demonstrate that you are a person of good character,
‘written instructions’ – these are prepared to demonstrate that the offence occurred during a tough period in your life, and/or
you are adequately seeking help, treatment, or assistance by ensuring necessary steps have been implemented into your life to address any underlying issues that may have contributed to the crime (i.e. attending counselling, seeing a psychologist).
An early plea of ‘guilty’ is also relevant as it shows that you quickly accepted responsibility and are remorseful.
How Does a Section 10 Dismissal Affect My Licence for Driving Offences?
Section 10 dismissals are beneficial to avoid losing demerit points, avoid lengthy disqualification periods, hefty fines, and ultimately, convictions.