Sydney Criminal Lawyers - Section 10 states a No Conviction case.
Legal Marketing - POSTED: 2012/04/01 16:22
Legal Marketing - POSTED: 2012/04/01 16:22
Section 10 states a No Conviction case. It is when you are guilty or a criminal offence or a major traffic offence but the Court establishes not to charge you with a criminal conviction or licence disqualification. Section 10 of the Crimes Act 1999 is a powerful sentencing procedure and gives the courts the power to deal with guilty individuals by:
- dismissing the charges completely
- discharging the individual into a good behaviour bond for 2 years or less or
- discharging the individual into an intervention program such as a drug and alcohol program or a traffic offender program.
This essential eliminates all high penalties and indicates that there is no criminal conviction, no fines, and in driving cases, no licence disqualitication.
All criminal charges and driving charges are available to get a section 10. However, the court considers many factors when making their decision whether to grant a section 10 to an individual:
(a) the person's character and history, age, health, and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed, and
(d) any other matter that the court thinks proper to consider.
Your chances of getting a section 10 are better if you can provide some materials in court that show you are otherwise of good characther, the offence was convicted during a difficult time in your life, or you have taken steps on improving underlying issues which may have led you to commit the crime or traffic violation from the beginning.
Sydney Criminal Lawyers can help with a no conviction recorded for a criminal or traffic charge you have been convicted of. If you are trying to gain a section 10 on your criminal defence charge, and believe you have extenuating circumstances, our attorneys can help. Call us at (02) 9261 8881 to find out your penalty, make an appointment or have a lawyer call you! Visit us at http://www.criminallaw.com.au/section-10-dismissal for more information.