PRACTICE AREA
Section 10 Application Lawyers Sydney
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows the court to deal with an offence without recording a conviction, where appropriate. We prepare detailed submissions addressing the statutory factors and supporting material.
30+
Years DV Exp. (Solicitors + Barristers)
13+
NSW Courts
No Record
Our Goal
Expert
S10 Focus
Types of Section 10 Applications
Understanding the three categories of section 10 and when each may be appropriate
Section 10(1)(a) - Dismissal Without Conviction
The court finds the offence proven but dismisses the charge without recording a conviction. No conditions are imposed.
No conviction recorded; no conditions
Key Factors:
- Trivial nature of offence
- Good character
- Extenuating circumstances
- Disproportionate impact of conviction
Section 10(1)(b) - Conditional Release Order Without Conviction
The offender is discharged under a conditional release order (CRO) without conviction, made under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), for up to 2 years.
No conviction; CRO conditions apply (up to 2 years)
Key Factors:
- First offence
- Low-level criminality
- Rehabilitation steps taken
- Employment or travel impact
Section 10(1)(c) - Dismissal Conditional on Intervention Program
The charge is dismissed on condition the offender participates in an intervention program such as MERIT or the Drug Court program.
No conviction; must complete program
Key Factors:
- Substance abuse contributing factor
- Mental health issues
- Commitment to rehabilitation
- Program availability
Strategic Section 10 Submissions
Preparing detailed written submissions addressing the factors in section 10(3), supported by character references, employment impact material, and evidence of rehabilitation.
Outcome depends on strength of submissions and circumstances
Key Factors:
- Character references
- Employment impact letters
- Community contributions
- Medical or psychological reports
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