Section 10 Dismissal Lawyers Penrith Area

A Section 10 dismissal (now a “conditional release order without conviction” under the Crimes (Sentencing Procedure) Act 1999 (NSW)) allows a court to find an offence proven, but dismissing the charge without recording a conviction. This outcome can help you avoid the long-term consequences of a criminal record, including impacts on employment, travel, and professional licensing.

Under section 10, the court may dismiss a charge outright, or impose a conditional release order without conviction for a specified period. If conditions are attached and you breach them during the order period, you may be called back before the court and resentenced.

The court will consider several factors when deciding whether to grant a section 10 dismissal, including the nature and seriousness of the offence, your character and criminal history, the impact a conviction would have on your employment or other circumstances, and any other matters the court considers relevant.

Section 10 outcomes are more commonly granted for minor offences and first-time offenders, but they may be available in a broader range of circumstances depending on how the matter is presented. Strong character references, evidence of remorse, and submissions addressing the specific sentencing factors can improve your prospects.

It is important to understand that a section 10 dismissal is not available for all offences. Some offences carry mandatory disqualifications or other consequences that cannot be avoided even if a conviction is not recorded.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with all aspects of seeking a section 10 dismissal, including:

• advising you on whether a section 10 is available and realistic for your matter;
• gathering supporting material, including character references and evidence of good character;
• preparing written submissions addressing the relevant sentencing factors;
• appearing on your behalf and making oral submissions to the court;
• advising on the implications of any conditions attached to a conditional release order.