Section 10 no conviction Fourtree Lawyers Central Coast NSW 2250

What is a Section 10 order?

“Section 10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999.

A Section 10 allows a Court to find you guilty of an offence, but to discharge the matter without recording a conviction. This means that you will not receive a criminal record for that offence.

There are a number of offences that may be dealt with by way of a Section 10. The most common include less serious traffic offences, minor drug offences and criminal matters in the Local Courts. However, it is not impossible to obtain a Section 10 dismissal or bond for more serious matters that may carry a gaol term.

Types of Section 10 orders 

There are three kinds of Section 10 orders that can be applied by the Court.

Section 10(1)(a) Dismissal

The Court dismisses the offence without recording a conviction on your criminal record and imposes no conditions. You are free to leave the Court, and the matter is over.

Section 10(1)(b) With a good behaviour bond

The Court dismisses the offence without recording a conviction on your criminal record, but also places you on a good behaviour bond for up to 2 years. You can breach a good behaviour bond if you are guilty of another criminal offence within the period of the good behaviour bond. If you breach the good behaviour bond, you can be brought back before the Court to be re-sentenced for the same matter, as well for the next offence you are charged with.

Section 10(1)(c) With an intervention program

The Court dismisses the offence without recording a conviction on your criminal record, however, directs you to enter into and complete an intervention or rehabilitation program and comply with any action plan that results from that program. Examples of an intervention or rehabilitation program are the Traffic Offenders Intervention Program, or a drug or alcohol rehabilitation program.

How can I get a Section 10?

The Courts do not give out section 10’s easily. Your lawyer must prepare thorough and convincing submissions to persuade a Magistrate or Judge to consider dismissing your criminal charges with a Section 10.

The Court will consider the following when deciding if a Section 10 is appropriate:

  • Your age, character, criminal history, health & mental condition
  • The nature of the offence, including whether it is trivial
  • The extenuating circumstances in which the offence was committed
  • Any other points that the Magistrate or Judge thinks is relevant

Things you should know about a Section 10

Any conviction, big or small can have an impact on your future. It can affect your current and future employment, ability to travel, secure finance and many other aspects of your life.

Getting a Section 10 means that no conviction will be recorded on your criminal or traffic record.

Having a clean record is hugely important for people who want to travel overseas and work in certain jobs. A Section 10 will allow you to travel freely and keep your career intact without having to disclose the offence to most employers or the authorities.

In traffic matters, a Section 10 means you will avoid losing your licence for a drink driving offence, avoid losing demerit points, avoid substantial fines and avoid a conviction. For certain traffic offences, you are not able to receive more than one section 10 within a five year period.

Does a Section 10 show on a police check?

A Section 10 without a bond or intervention order will not appear on your criminal record.

A Section 10 with a bond or intervention order will appear on your criminal record for the duration of the bond or rehabilitation program. Once you have completed the bond or intervention program, it becomes a “spent conviction”, and the matter will no longer appear on your criminal record.

Section 12 of the Criminal Records Act 1991 says that you do not need to disclose a “spent conviction” to anyone for any purpose. That means if you get a section 10 (with limited exceptions), you do not have to disclose it to your employer or anyone else even if they ask you directly, as long as any bonds have expired.

We are here to help

Fourtree Lawyers have successfully obtained Section 10 dismissals, bonds and intervention programs for clients facing a range of charges including traffic offences, drink driving, drug charges, larceny, assault and domestic violence matters.

Our lawyers will give you realistic advice about your chances of obtaining a Section 10 dismissal and help you identify the positive aspects of your character and circumstances and the relevant documents required to present your case. We will guide you through the entire Court process and work with you to minimise the legal ramifications of your offence.

If a Section 10 is not appropriate in your case, our lawyers will fight hard to reduce any penalties and suspension periods, minimise any fines you may face and help you avoid or minimise a gaol term.

Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building your case, the higher your chance of getting the best outcome.

Services

Testimonials  

  • “Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...

    VR - Charmhaven

  • Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected 😊 jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today

    AB - Budgewoi

  • I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.

    OC - Avoca Beach

  • I reached out to Fourtree Lawyers regarding an assault charge that could have destroyed my career if a conviction was laid. Kevin was so understanding and helpful, with no judgment on the matter and excellent communication the whole way through. I told him of what I was hoping to aim for as a charge, and he took that into account, and he achieved an exemplary outcome at court, exactly what I was hoping to get. The fees for Kevin’s services were extremely affordable, they understand that people don’t have a...

    CS - Lake Haven

Court Results

SECTION 10 | Drug Driving 2nd Off (Cannabis)

Our client was a 37-year-old male. He was charged with drive motor vehicle with illicit drug present. This was his second offence within 5 years. The client was facing an automatic 12-month or minimum of 6-month licence disqualification, a $3,300 fine and/or a 12-month term of imprisonment

Our client lives with his long-term partner and two young children. He has had stable employment for the past 20 years. It was very important he had a driver's licence. Without a licence, our client would have lost his job. He was sentenced at Gosford Local Court before Magistrate Day. Our solicitor argued that our client should receive a Section 10, which meant our client would receive no penalty or disqualification.

Magistrate Day took into account arguments about our client's dire financial situation, his pressing need for a licence, his contribution to the community and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) meaning that he was placed on a 2-year good behaviour bond and the Court did not record a conviction on his criminal record. 

Our client was stunned to achieve this result as his former solicitors were unable to avoid a conviction for his first offence. Keeping his driver’s licence meant he was able to keep his job.

SECTION 10 | Mid Range PCA (0.099)

Our client was a 47-year-old female. She was charged with drive motor vehicle with mid-range PCA. It was her first offence. She has no criminal record and very minor traffic infringements. She was facing an automatic 12-month and a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment

Our client lives with her partner and young child. She works shift work at night and has a strong need for a driver's licence to get to and from work. Without a license, our client faced the real possibility of losing her job. She was sentenced at Wyong Local Court by Magistrate Feather and initially convicted to a 6-month licence disqualification, a $600 fine and a conviction on her criminal record.

Our solicitor appealed the conviction to the Gosford District Court and argued for a Section 10 meaning that we were asking that she receive no penalty or licence disqualification.

Justice Bozic took into account our client's financial situation, her need for a licence, her good character, her contribution to the community and her genuine remorse. The Judge agreed that the matter should be dealt with under Section 10(1)(b) This meant that our client was placed on a 2-year good behaviour bond, her licence was not disqualified, her fine was withdrawn and the Court did not record a conviction on her criminal record.

Our client was elated to achieve a section 10. She was able to keep her job and keep her driver’s licence.

SECTION 10 | Drug Possession (10 x MDMA)

Our client was a 23-year-old female. She was charged with possessing a prohibited drug at a music festival. The client was facing an automatic a $2,200 fine and/or a 2-year term of imprisonment. Due to the number of tablets she was found with, she was most fortunate not to be charged with supplying drugs, which carries heavier penalties.

Our client works in childcare and is also studying. With a conviction, she faced the possibility of losing her job. Our client was sentenced by Magistrate Day at Gosford Local Court where solicitor Kevin Vierboom argued for a Section 10 which meant our client would receive no penalty.

Magistrate Day took into account our client's youth, her personal circumstances, her previous good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on her criminal record and placed our client on a 2-year good behaviour bond.

Our client was relieved to achieve a section 10. She was able to keep her job, continue her studies and plan for an overseas trip.

SECTION 10 | Common Assault, Remain in Vicinity

Our client was a 28-year-old male. He was charged with common assault and excluded person remain in the vicinity of licenced premises after an incident during a night out in Sydney. He was facing a maximum penalty of $5,500 fine and/or a 2-year term of imprisonment

Our client works in education and a conviction would have had a significant impact on his career. Our client was sentenced at the Sydney Downing Centre where solicitor Kevin Vierboom argued for a Section 10 which meant our client would receive no conviction.

The Magistrate directed our client to participate in Forum Sentencing. This meant he was required to attend a number of conferences with the victim and police. The Magistrate then agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on our client's criminal record and placed our client on a 6-month good behaviour bond.

Our client was relieved to achieve a section 10. He was able to continue in his chosen career without having to disclose any details of the incident to his employer.

SECTION 10 | Larceny

Our client was a 53-year-old female. She was charged with larceny, which she refuted.  The client was facing a maximum penalty of a 5-year term of imprisonment. She has no prior criminal record.

Our client has 4 children and lives with her husband. She has enjoyed a long and distinguished career in nursing and her livelihood was at risk if convicted. Our client was sentenced in Wyong Local Court where solicitor Kevin Vierboom argued for a Section 10 which meant our client would receive no conviction.

Magistrate Feather took into account our client's personal circumstances, her good character, her contribution to the community and her genuine remorse. The Judge agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on our client's criminal record and placed her on an 18-month good behaviour bond.

Our client was in tears when she received a section 10. She was relieved that she was able to maintain her good reputation with no criminal conviction.

SECTION 10 | Mid Range PCA (0.113)

Our client was a 54-year-old female. She was charged with drive motor vehicle with mid-range PCA, her first offence. She has no criminal record and only minor traffic infringements. The client was facing an automatic 12-month or a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment

Our client lives with her husband and cares for her ailing father. She works on call as a Nurse and has a strong need for a driver's licence. Without a licence, our client would face the very real possibility of losing her job. Our client was sentenced at Gosford Local Court before Magistrate Williams, where solicitor Kevin Vierboom argued for a Section 10 meaning that we were asking that she receive no penalty or licence disqualification.

Magistrate Williams took into account our client's personal circumstances, her good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on her criminal record and placed our client on an 18-month good behaviour bond.

Our client was thankful to achieve a section 10. She was able to keep her job and continue to care for her elderly father.

SECTION 10 | Drug Possession (2.5g Cocaine)

Our client was a 28-year-old male. He had no prior criminal convictions. He was charged with possessing a prohibited drug at a music festival. The client was facing an automatic $2,200 fine and/or a 2-year term of imprisonment. 

Our client was a tradesman and had planned to apply for a home builder's licence. With a conviction, our client would find it more difficult to obtain this licence. Our client has also planned an overseas holiday with his girlfriend and was concerned that he would be prohibited from obtaining some overseas visas. He was sentenced at Gosford Local Court by Magistrate Day, where our solicitor argued for a Section 10 which meant our client would receive a penalty or conviction on his criminal record.

Magistrate Day took into account our client's strong work ethic, his plans to travel overseas the effect a conviction would have on his career, his previous good character and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction and placed our client on a 6-month good behaviour bond.

Our client was genuinely grateful to achieve a section 10. He can now look forward to a bright future and he and his girlfriend can travel freely overseas without concern.

SECTION 10 | Common Assault, Assault ABH

Our client was a 26-year-old female. She was charged with common assault and assault occasioning actual bodily harm after an unfortunate incident with a family member. Our client was facing a maximum penalty of 2-year term of imprisonment in the Local Court and 5-year term of imprisonment in the District Court

Our client works in tourism and travels frequently. With a conviction, our client faced the very real possibility of losing her job. After our solicitor negotiated with the Police they agreed to withdraw the more serious charge of assault with actual bodily harm. Our client was then sentenced for the lesser charge of common assault in Gosford Local Court before Magistrate Williams where her solicitor argued for a Section 10 which meant our client would receive no conviction on her criminal record.

Magistrate Williams took into account our client's youth, her personal circumstances, her previous good character, the level of provocation and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on our client's criminal record and placed our client on a 12-month good behaviour bond.

Our client and her whole family were overjoyed with the outcome.

SECTION 10 | Mid Range PCA (0.092)

Our client was a 47-year-old male. He was charged with drive motor vehicle with mid-range PCA, his first offence. He has no criminal record. The client was facing an automatic 12-month or a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment

Our client lives on his own and shares custody of his two children. He is a qualified chef catering functions across NSW and has a strong need for a driver's licence. Without a licence, our client would face the very real possibility of losing his job. Our client was sentenced at Hornsby Local Court before Magistrate Reiss, where solicitor Kevin Vierboom argued for a Section 10 meaning that we were asking that she receive no penalty or licence disqualification.

Magistrate Reiss took into account his children's need for transport on medical grounds, his previous good character, his need for a licence for work and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on his criminal record and placed our client on a 12-month good behaviour bond.

Our client was thankful to achieve a section 10. He was able to keep his job and to drive his son to essential medical appointments.

SECTION 10 | Harass, C.Assault, Stalk/Intimidate

Our client was a 38-year-old male. He was charged with use carriage service to menace/harass/offend, common assault and stalk/intimidate intend to cause fear after an unfortunate incident around Christmas. Our client was facing a maximum penalty of a 5-year term of imprisonment with a 2 & 3-year term of imprisonment for the lesser charges and a $5,500 fine.

Our client shares custody of his two children with his former wife. He is an IT specialist with an International Company and is required to travel extensively overseas. With a conviction, our client faced the very real possibility of losing his job. After solicitor Kevin Vierboom negotiated with the Police they agreed to amend the facts and downgrade the charges. Our client was then sentenced in Gosford Local Court before Magistrate Eckhold where his solicitor argued for a Section 10 which meant our client would receive no conviction on his criminal record.

Magistrate Eckhold took into account our client's personal circumstances, his previous good character, his need to travel overseas for work and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b) The Court did not record a conviction on our client's criminal record and placed our client on a 2-year good behaviour bond.

Our client was completely stunned at the outcome and incredibly relieved to maintain his employment and ability to travel overseas freely.

SECTION 10 | Low Range PCA (0.054)

Our client was a 54-year-old male. He was charged with drive motor vehicle with low-range PCA, his first offence. He has no criminal record. The client was facing an automatic 6-month or a minimum of 3-month licence disqualification and a $1,100 fine.

Our client lives in Sydney with his wife and two children. He is a partner in a high profile company and has an impeccable reputation. With a criminal conviction, our client would face the very real possibility of losing his position. Our client was sentenced at Woy Woy Local Court before Magistrate Crews, where solicitor Kevin Vierboom argued for a Section 10 meaning that we were asking that he receive no penalty or licence disqualification.

Magistrate Crews took into account his previous good character, his need for a clean criminal record, his need to travel overseas and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(a) The Court did not record a conviction on his criminal record and no bond was imposed.

Our client was thankful to achieve a section 10. He was relieved to be able to maintain his business and personal reputation.