Section 10 dismissal without conviction:

Section 10 of the Crimes (Sentencing Procedure) Act 1999 permits a Court to order the dismissal of charges without the recording of a conviction. Namely, section 10(1) provides:

(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,

(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,

(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

Of course, Courts do not simply hand out section 10 dismissals generously. Fortunately, the legal system does not work that way. A well presented argument is necessary and ultimately, the matter is determined at the discretion of the Court. Matters which might be raised include

• the person’s character, antecedents, age, health and mental condition
• the trivial nature of the offence
• the extenuating circumstances in which the offence was committed

Our expert Criminal Solicitors and Defence Attorneys have successfully represented clients in minor summary and very major indictable criminal matters, across Local, Federal and State Courts. Particularly, our Defence Lawyers have an extensive track record of success in obtaining Section 10 dismissals of charges for clients charged with minor criminal offences.

For professional and experienced legal representation contact our office and arrange an appointment with a Criminal Lawyer.

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