Section 10 is found in the Crimes (Sentencing Procedure) Act 1999 (NSW).
It allows the Court to dismiss charges or conditionally discharge an offender.
A Court that finds a person guilty of an offence may without proceeding to convict the offender make an order:
- that the charge be dismissed; or
- discharging the offender on condition that they enter into a good behaviour bond (not exceeding 2 years); or
- discharging the offender on condition they enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
An order pursuant to section 10 may be made for any criminal charge and driving charge.
When the Court is considering ordering a section 10, it must consider certain matters as follows:
(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.
We have a track record of obtaining section 10’s for our clients. It is important that you are represented by an experienced Lawyer who is across the Law and who will ensure that your best case is put forward to the Court in a passionate, succinct and professional manner.
We do not charge for first appointments. During your first appointment, an experienced Lawyer will provide you with legal advice in relation to the charges you are facing.