What is a Section 10 in NSW criminal law?
A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 allows a court in NSW to find a person guilty but not record a conviction. This powerful provision is often used to avoid the harsh consequences of a criminal record—especially for first-time offenders or minor offences.
Section 10 enables the court to:
Dismiss the charge completely (s 10(1)(a));
Discharge the offender under a Good Behaviour Bond for up to 2 years (s 10(1)(b)); or
Require participation in a court-approved intervention program (s 10(1)(c)).
How do I qualify for a Section 10 in NSW?
The court will consider several factors under Section 10(3), including:
Your character and background;
The trivial nature of the offence;
Any extenuating circumstances; and
Health, age, mental condition, or anything else the court considers relevant.
For example, someone who acted out of character under emotional stress or has shown genuine remorse may qualify.
Do I need to plead guilty to get a Section 10?
No. You can still receive a Section 10 even if you defended the charge at hearing and were found guilty. This was confirmed in Matheson v DPP [2008] NSWSC 550, where the Supreme Court held that a Section 10 was available even after a defended hearing.
Can serious charges be dismissed under Section 10?
Yes, but it’s rare. Courts have stated that the more serious the offence, the less likely a Section 10 is appropriate. However, the case of R v Jodie Moore [2009] NSWDC196 involved a charge of kidnapping, and the court still granted a Section 10 dismissal due to exceptional personal circumstances.
Will a Section 10 affect my criminal record or licence?
A Section 10 does not result in a conviction, which means:
You do not get a criminal record (unless required to disclose findings of guilt); and
No licence disqualification or demerit points if applied in a traffic offence.
Under changes to the Road Transport Act, if your matter is dismissed under Section 10, demerit points do not accrue.
Can I get a second Section 10 if I’ve already had one?
Generally, you can’t get more than one Section 10 within 5 years for major traffic offences. Courts are also less likely to grant a second Section 10, particularly if the offences are similar.
What happens if I breach a Section 10 bond?
If you breach the terms of a Section 10 bond (e.g., fail to be of good behaviour), the court can:
Revoke the bond;
Re-sentence you for the original offence (this time with a conviction);
Impose a harsher penalty under s 99 of the Act.
Can I appeal a refusal of a Section 10?
Yes. If you were sentenced in the Local Court and the magistrate refused a Section 10, you can lodge a severity appeal to the District Court. Your legal team can then re-argue why Section 10 is appropriate based on updated evidence or circumstances.
Can I get a Section 10 for Commonwealth offences?
Yes, under section 19B of the Crimes Act 1914 (Cth). This is the federal equivalent of Section 10 and works similarly—allowing the court to dismiss a federal charge without conviction based on factors like age, mental condition, or the trivial nature of the offence.
Is a Section 10 available for all types of offences?
No. Some statutory offences, particularly in industrial or environmental law, apply stricter standards. For example:
Environmental offences rarely attract Section 10 due to public interest in deterrence.
Workplace safety breaches under WorkCover laws are held to a high threshold of seriousness.
How can a criminal defence lawyer help me get a Section 10?
At Greenfield Criminal & AVO Defence Lawyers, our experienced defence team will:
Prepare a detailed sentencing submission addressing all relevant Section 10 factors;
Present character references, psychological reports or rehabilitation programs;
Argue passionately in court to help you avoid a criminal conviction.