Section 10s are considered to be the ‘holy grail’ of sentencing outcomes. A Section 10 of the Crimes Act (1999) allows a person to avoid a criminal record even if they are guilty of an offence. In respect of traffic cases such as a drink driving charges, the defendant may be able to avoid being disqualified from driving as a result of a Section 10. This article will discuss the three different types of Section 10s and how they affect a criminal charge.

Under the Crimes Act 1999, there are the following provisions of Section 10:

Section 10(1)(a)
Section 10(1)(b)
Section 10(1)(c)

Section 10(1)(a) is a dismissal. An attorney from ETB Legal stated that, “this type of Section 10 allows courts the power to simply dismiss the charge without recording a conviction and without requiring a good behaviour bond from the defendant”. It is deemed the most favourable sentencing outcome for those who are pleading guilty to a charge.

In some cases courts will make an order under section 10(1)(b) - meaning that the defendant is discharged without recording a conviction. However, this discharge is based on the condition that the defendant enter into a good behaviour bond. The good behaviour bond is subject to standard conditions that require that the defendant to:

Be of good behaviour, that is to say does not commit any further offences
Return to court as called upon to do so. However, this will normally happens if another offence is committed during the good behaviour bond.
Be of good behaviour for a maximum duration of 2 years.
Adhere to other additional conditions

Section 10(2) of the Crimes Act provides guidance on when a court can deal with a case under section 10(1)(b). Such provisions include the following, the court must be satisfied that:

It is unadvisable to impose any punishment on the defendant other than the nominal punishment
It is advisable to release the person on a good behaviour bond

Where a person is discharged under this section and ends up breaching the bond, for example by committing an offence, it is highly likely that they may be brought back before the court and resentenced for the original offence. Further, the fact that the defendant was on a good behaviour bond will be used as an aggravating factor in respect of the new offence.

Section 10(1)(c) is a relatively unknown provision of Section 10 which allows a court to discharge a person without conviction if they have entered “into an agreement so as to participate in an intervention program and to comply with any intervention plan arising out of the program”. In respect of this action, not all cases are dealt with under this section. In fact one of the first steps is for a court to determine if a case is appropriate to be handled under the section. In order to determine the eligibility of a case the following factors are taken into consideration:

the person’s character, age, health and mental condition 
The seriousness of the offence
Circumstances surrounding which the offence was committed
Any other matters that the court deems proper to consider

Common matters dealt with under this section are drug supply cases, drug and driving cases and serious assault. The second step is to determine if the offence can be dealt with by an intervention order.

If you have been accused of drink driving offences in NSW seek out a criminal lawyer with experience in Section 10 orders.

About the company:
ETB Legal is a law firm of renowned professionals who specialise in criminal law. For more information on their areas of practice visit Etblegal.
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　　　　Ms. Uzma Abbas, Solicitor/Director,
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　　　　Sydney NSW 2000

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