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Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows for a Court that finds you guilty of an offence, to discharge you without recording a conviction.

The major benefit of receiving a section 10 is that a conviction is not recorded on your criminal and/or traffic record. This can mean the difference between keeping a clean record and keeping your career intact, being able to travel overseas, to having to disclose the offence to your employer (or future employer) and risk embarrassment, or even your job.

In traffic matters, the benefits of a section 10 are far reaching. If successful, you can avoid losing demerit points, avoid lengthy disqualification periods, avoid hefty fines and convictions.

Section 10 dismissals are available for all traffic and criminal cases.

What offences can be dealt with by section 10?

There are a wide range of offences that the court will consider dealing with by way of a section 10. Generally, these offences will be offences dealt with summarily, that is in the local court. These include less serious offences that do not carry lengthy periods of full time imprisonment. Whilst many Magistrates or Judges reserve Section 10 for offences that are considered less serious, it is certainly possible to achieve a “Section 10” for more serious offences involving possible sentences of full-time imprisonment.

Who would be eligible for a section 10?

The court will take into account, amongst other things, the following:

  1. the person’s character, antecedents, age, health and mental condition;
  2. the trivial nature of the offence;
  3. the extenuating circumstances in which the offence was committed; and
  4. any other matter that the court thinks proper to consider.

You will be surprised how often courts exercise this discretion and will impose a section 10. Contact us now to see if you are eligible.

Drink Driving

Our client was charged with a special range PCA whilst he was working as a taxi driver in the early hours of the morning.

At the time of the offence he had one passenger in his car and had only driven around the corner before he was stopped at a random breath test.

Upon testing positive the police confiscated our client’s taxi authority card. Although the offence itself does not carry an automatic police suspension, our client was unable to work until his matter was finalised.

Our client pleaded guilty to the offence and was sentenced by Magistrate Milledge at the Downing Centre Local Court.

Her Honour was satisfied that this was not an flagrant disregard for the law in that our client had consumed some wine with his dinner the night before working.

He had a good record for a professional driver and his livelihood depended upon his licence.

Our solicitor handed up reference material which was meticulously prepared and policy documents which require taxi drivers to be fit and proper driver to hold a taxi authority card.

Her Honour was satisfied that this offence was extremely uncharacteristic and highly unlikely to ever be repeated by our client. She disposed of the case by way of a section 10(1)(a). This was the best possible result for our client and of great assistance in ensuring his taxi authority card will be returned.

Our client was charged with a Low Range PCA. His blood alcohol concentration was 0.075, falling just under the Mid Range limit of 0.08. Our client faced a possible criminal record, heavy fines and an automatic period of disqualification for 6 months.

Our client had a mortgage and worked as a sales representative for IBM where he is required to travel independently as a condition of his employment. He had a good driving record, this being his first major traffic offence.

He completed the Traffic Offenders Program with outstanding completion of his written assignments.

In late 2012 we appeared before Magistrate Spence at Fairfield Local Court. His Honour described our client’s participation and assignments in the Traffic Offenders Program as “Excellent”.

After careful persuasion, his Honour reluctantly ordered a Section 10(1)(b) bond for a period of 12 months.

Our client continues to work as a sales representative, without a penalty or criminal record.

Our client was charged with mid-range drink driving, speeding over 45 km/h and having no P-plates displayed on her car.

The allegations were that our client had some drinks at a hotel with her friends and decided to drive home, having no regard to the safety of the community. She was handed an immediate police licence suspension.

However our client was involved in disruptive relationship spanning 3 years.

In a lengthy plea, our solicitor presented the case in a manner to show duress. It was put to the court that she became anxious and apprehensive just thinking about her past even though the person in question was not present that night. The matter was stood down by the court on several occasions so that the prosecution could do some background checks.

Our solicitor negotiated with the police through-out the day to ascertain some information regarding her partner to substantiate her distress that night. As it turned, there was a previous AVO placing her as protected person against her ex-partner. Further submissions to the court complemented with her character references and letter of apology compelled the magistrate to deal with it by way of a section 10 with a 12 month good behaviour bond.

Getting her licence back, our client was able to continue to care for her family and go about her day-to-day chores as usual.

Our client was an elderly army veteran, who works full time with a good traffic record. On the morning of the offence our client was subjected to a stationary RBT. The breath analysis returned with a reading 0.087 grammes of alcohol. Due to the mid range reading he was immediately suspended.

Our solicitors got him a Section 10 (1)(a), which dismissed the charges and allowed him to get his licence back immediately.

Traffic Offences

Our client was charged with driving with a illicit drug in her blood. This is a serious charge which carries a 6 months disqualification upon conviction. Furthermore our client was on her provisional licence and had her child in the vehicle at the time of the offence.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks.

Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments. It was further argued our clients good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Our client was charged with driving with cannabis present in blood. Our client instructed us that he had smoked cannabis four days earlier after being offered some from a friend. At that time our client was suffering from depression due to a relationship breakdown. Our client was employed at a marketing firm and was required to travel overseas for work purposes. A conviction for this offence would cause difficulties for our client.

The matter proceeded to sentence at Parramatta Local Court before Magistrate Baptie. Our solicitor presented a report from a drug counselor indicating our clients at good progress with dealing with his drug use. The court accepted our solicitor’s submission that the criminality involved in this matter was low.

The court took into account our clients good character, remorse and agreed with our solicitor that a Section 10 bond was an appropriate penalty. Our client received a Section 10 bond for 12 months.

A great result for our client

Our client pleaded guilty to possession of cannabis, DUI and failing to stop after he was observed by police to drive through a stop sign. The police performed a sobriety test which he failed and searched his car which revealed a small amount of cannabis.

Our client completed the traffic offenders program. He was a university student. Although he was inconvenienced by losing his licence, his livelihood did not depend on it. He was very remorseful and distressed by finding himself before the courts for criminal charges and deeply concerned about the impact it would have on his future.

Her Honour Magistrate Girotto heard our clients plea at the Downing Centre Local Court. Her Honour extended the leniency of a section 10(1)(a) for possession of cannabis, section 10(1)(b) for driving under the influence with a bond for 2 years and a small fine for failing to stop.

This was an excellent result for our client!

Our client was charged with driving with a drug present in blood, namely MDMA. Our client was pulled over by police for a random drug test three days after attending a dance festival. Our client was 19 years old and was studying teaching at university. A conviction for this type of offence would impact on his employment opportunities in the future.

We advised our client to attend the positive lifestyle program with the Salvation Army and the traffic offenders program. The matter proceeded to sentence at Sutherland Local Court before Magistrate Barko.

Our solicitor submitted that our client was a young man with a bright future who made an uncharacteristic mistake. Furthermore our solicitor submitted that our client had demonstrated significant remorse and had excellent prospects of rehabilitation. The court agreed with our submissions and placed our client on a bond pursuant to Section 10.

Our client was charged with drive whilst disqualified. This offence carries a minimum 24 months disqualification period on top of the disqualification period already served.

Our client had a month left on his disqualification period.

It was always going to be tough to get a Section 10, unless there were extenuating circumstances.

Our solicitor drafted affidavits for the client as well as his sister describing the very urgent situation which caused our client to drive.

Our solicitor made strong submissions for our client before Magistrate Van Zuylen at Blacktown Local Court explaining what caused our client to drive, attesting to his good character and the fact that there were no other breaches of the court imposed disqualification.

His Honour dealt with the matter by way of a Section 10 bond which meant that no action was taken on the driving, allowing our client to obtain his license once the disqualification period ended.

The client was extremely happy with the extraordinary result.

Our client appeared at Downing Centre Local Court charged with driving whilst under the influence of a prohibited drug. He came before the Court as a young man with a terrible traffic record, having been suspended 9 times in the short time he held a licence and having 13 speeding fines on his record.

Our client had a special need for a licence and showed he could change his ways having committed no offences since his last suspension other than the offence which brought him before the Court and having completed the traffic offender Program.

Our solicitors managed to negotiate the facts with the Police and with a well prepared case was sentenced to s 10 good behaviour bond with no conviction and no disqualification for a period of twelve months.

Our client a fully qualified licence holder was charged with driving a motor vehicle with an illicit drug present in his blood. This is a fairly serious charge which carries with it an automatic 6 months licence disqualification.

The client sought our assistance in this matter, however the prospects of a section 10 bond being awarded were slim as the client had previously been granted a section 10 bond in 2012 for a possession of drugs charge.

The matter was heard before Magistrate Goodwin at the Downing Centre Local Court after strong submissions from our solicitor Lemar who argued that our client needed his licence in order to keep seeing his children who he had custody over every Wednesday and every second weekend and that this was not an event that was likely to occur again, as according to our client he had just left a seven year relationship and had simply handled it the wrong way.

Upon hearing the submissions from our solicitor, magistrate Goodwin decided that taking away the ability of our client to look after and spend time with his children was paramount and gave our client a second section 10 twelve month bond in the last 3 years.

The best possible result for our client.

Stealing and Fraud

Our client was charged with larceny by clerk, carrying a maximum penalty of 10 years imprisonment. Our client worked as a chef at an exclusive hotel for over 14 years.

Whilst working he took food valued at $70.90 that was nearing the expiration date. The hotel became aware of this and reported it to police.

We assisted our client by representing him throughout the police investigation, court appearances and at the sentencing hearing subsequent to a plea of guilty.

We advised our client that this was a clear case for a section 10. However, a section 10 is always at the Magistrate’s discretion. We therefore prudently went about gathering evidence of our client’s upstanding position in the community and referees who supported our client.

At the sentence hearing in the Downing Centre Local Court the Chief Magistrate Henson was disinclined to order a section 10 due to the position of trust our client was in.

Our solicitor persistently argued to the Court that the circumstances warranted a section 10, including no prior criminal record, the unlikelihood our client would reoffend, our client’s remorse and the additional punishment a conviction would cause in hindering his future employment opportunities.

Eventually after persuasive argument, the Magistrate turned his mind and gave our client a section 10.

Our client now has a greater chance at finding new employment and remains a free man.

Our client was a Mexican Tourist charged with Larceny. He pleaded guilty to stealing an expensive pair of Armani Sunglasses.

When our client was arrested the Police seized almost $5,000.00 in cash without reasonable grounds and without recording the money in the property docket given to our client. Effectively our client had no proof the Police had his money.

Our solicitor requested the Police review their CCTV footage which proved the Police had taken the money as an exhibit. Our solicitor attended the Police Station and successfully pressured the Police to return the money.

The sentence hearing took place at Waverley Local Court before Her Honour Magistrate Sullivan. In light of our client’s good character, evidence of his remorse and the return of the sunglasses on the sentence date, Her Honour dealt with our client by way of a section 10(1)(b) bond for 12 months.

This was a great result for our client who was free to return to Mexico with all his money.

Our client pleaded guilty to possession of cannabis, DUI and failing to stop after he was observed by police to drive through a stop sign. The police performed a sobriety test which he failed and searched his car which revealed a small amount of cannabis.

Our client completed the traffic offenders program. He was a university student. Although he was inconvenienced by losing his licence, his livelihood did not depend on it. He was very remorseful and distressed by finding himself before the courts for criminal charges and deeply concerned about the impact it would have on his future.

Her Honour Magistrate Girotto heard our clients plea at the Downing Centre Local Court. Her Honour extended the leniency of a section 10(1)(a) for possession of cannabis, section 10(1)(b) for driving under the influence with a bond for 2 years and a small fine for failing to stop.

This was an excellent result for our client!

Our client was a 29 year old registered nurse who had had too much to drink on a night out and used a credit card she had found in the club to purchase more alcohol. She was subsequently charged with two counts of ‘Obtain benefit by deception’.

Our lawyer successfully negotiated with police so that the second charge was withdrawn, and the facts were amended to reflect our client’s instructions.

Our lawyer appeared before Magistrate Farnan at Waverley Local Court and made strong submissions about our client’s excellent character and the detrimental effect a conviction would have on her future employment prospects.

On this occasion, Her Honour was convinced that a Section 10 bond was appropriate and our client walked out of court with her good name kept intact.

Our client was a professional man who worked for a well-respected company. One day he was walking to the shops and randomly decided to shoplift from Coles.

He was detected by loss prevention officers, police were called and he was charged with larceny to the value of approximately $120. He made full admissions to police and pleaded guilty at the first opportunity before the Waverley Local Court.

His sentence was heard before Her Honour Magistrate Farnon. Her Honour took into consideration our solicitors submissions including our clients otherwise impeccable character, remorse, the impact which the offence had had on him so far including his family and very importantly the impact of an offence of dishonestly, such a shoplifting on his professional career.

Her Honour was convinced and gave our client the benefit of a section 10(1)(b) and placed our client on a bond for 12 months. Our client was very pleaded to avoid a conviction!

Our client was 20 years old. He was charged with goods in custody and furnishing false information or statement to a licensee pursuant to section 15(4) of the Pawnbrokers and Second Hand Dealer Act 1996.

After negotiations with the Police, the charge of Goods in Custody was withdrawn and our client pleaded guilty to furnishing false information. He received a section 10(1)(b) non-conviction good behaviour bond for 6 months.

The facts of the case were that our client moved to Sydney on his own. At a party someone he did not know left a BMX bike in the backyard. The bike remained there unclaimed for 2 months, until our client needed to move out and leave the premises vacant. He took the bike to a Pawnshop where he sold it for $30.00. The owner of the bike then claimed the bike and our client was charged. Our client agreed in court he signed a declaration stating he was the owner of the bike knowing he was not. He otherwise used all his correct details and was honest with Police when arrested.

Our client was unrepresented in the local court. She pleaded not guilty then changed her plea to guilty on the day of her hearing.

Her charges were two counts of larceny (stealing). The items stolen included identification cards and $50 from inside a wallet found in the women’s bathroom of a Darling Harbour night club. The items were returned but the facts indicated this was a planned offence.

In the local court she was convicted and fined $200 for each offence. We acted for our client in a severity appeal to the Sydney District Court. Our client did not want the stigma of a criminal conviction.

The appeal was heard before His Honour Judge Lerve. His Honour was initially against allowing our client the leniency of a section 10 and the solicitor from the office of the Director of Public Prosecutions made submissions against a section 10.

After hearing the argument put forward by our solicitor as to the ongoing punishment our client would suffer as a result of the convictions, particularly for offences of dishonesty, His Honour extended the leniency of a section 10(1)(b). Our client entered a bond for a period of 2 years which requires her to be of good behaviour.

This was a great result for our client.


Essentially our client was charged  with pursuant to S 10(1) Drugs Misuse and Trafficking Act 1985 – possession of cannabis and an implement to use drugs.

He had already received a section 10 bond, for 6 months, 8 months prior to the offence for the exact same charge, possession of cannabis.

We represented him at Burwood Local court and convinced the Magistrate that not only another section 10 was appropriate but without any bond period, the charges were completely dismissed with no further punishment after entering an early guilty plea and completing the MERIT program, which we referred him into. We also directed him on how to prepare and how to gather the required supporting documentation.

Our client came to us having pleaded guilty to knowingly take part in supply of less than 27 grams of cannabis and dealing with money reasonably believed to be proceeds of crime – $880.00 in a sip lock bag with the cannabis.

Our client was convicted in the local court and he wanted to appeal.

The facts were:

  • Our client was arrested in his car with someone in the car;
  • The Police searched the car and located 27 grams of cannabis;
  • The cannabis was in two separate zip lock bags. One bag had small amounts of cannabis in smaller zip lock bags already separated;
  • The Police also found scales in the car;
  • The Police found a piece of paper with names and numbers;

On appeal our client gave evidence of his drug use. He had rehabilitated his drug addiction, although not with some hiccups. He was studying and wanted to become a chartered accountant.

Our client was successful in his appeal and was sentenced to two section 10 bonds for 18 months. He remains free of any criminal conviction.

Our client was a 19 year old male with aspirations of joining the NSW Police Force. Unfortunately, he had been misled by a shrewd Salesman in trying to obtain finance to purchase a car.

The salesman manipulated our client into signing something he shouldn’t have.

Our solicitor argued before Magistrate Still at Liverpool Local Court that our client was taken for a ride and that he could not become a police officer with such an offence on his record.

The Magistrate was convinced and dismissed the charge under section 10.

Our client was charged with assaulting a Police officer and failing to leave premises. The assault consisted of our client spitting on the police officer after she was forcibly removed from the club.

Our solicitor managed to negotiate the facts with the Police to remove any mention of her threatening the Police before spitting on the officer.

The matter was heard before magistrate Farnon at Waverley Local Court, at the hearing our solicitor supplied the court with affidavits and reference letters showing that our client had been going through a tough time and that these acts were extremely out of character.

Our client had also recently just started managing a large business and it was clear that her future prospects were bright. Our solicitor was successful in arguing that a section 10 bind was the most appropriate penalty.

Magistrate Farnon agreed and placed our client on s10 bond, a great result for our client who was extremely worried about the possibility of having a criminal conviction on her record.

Our client was charged with common assault and destroy property. The allegation was that our client had choked the alleged victim and kicked open her door. Our client instructed us to enter a plea of guilty to the destroy property charge and not guilty to the common assault charge, which our client vigorously denied.

On the day of the Hearing at Burwood Local Court, the prosecution sought an adjournment to get their case better prepared. Our solicitor strongly opposed the adjournment application and the magistrate agreed that the adjournment should not be granted. The charge of common assault was dismissed as no evidence was offered.

In relation to the plea of guilty to the charge of destroy property, the matter proceeded to sentence and our solicitor successfully argued that our client was provoked and that the court should deal with the matter under Section 10.

The court agreed with our solicitors’ submissions and found the offence proved but dismissed without recording a conviction. Our client was very happy with the result. A conviction would have put an end to his future ambition to work in the airline industry.

It was alleged that our client engaged in a sustained attack against his partner including at one point using a coke bottle to strike the victim to the head six times causing bruising and swelling to the victim.

Further it was alleged our client had destroyed her computer equipment and made a number of violent threats.

The matter proceeded to sentence at Parramatta Local Court and our solicitor argued that our client was provoked after being slapped to the face by his partner and that these offences were out of character.

Further it was submitted that convictions would put a end to our clients medical career as an aspiring Doctor.

The court agreed that it could find provocation, and decided not to put an end to our clients medical career.

Our client was placed on long bonds pursuant to Section 10.

Our client was charged with one drug offence:

1) Supply of ecstasy which contrary to s25(1) of the Drug Misuse and Traffic Act 1985. Because of the amount of Drug said to have been supplied the offence was charged as a ‘Strictly Indictable’ matter – this meaning it would be heard in a District Court. The maximum penalty for this offence in a District Court is $220,000 fine and/or fifteen years Gaol.

Our experienced lawyers negotiated with the prosecution and split the charge into one possess charge and one supply charge this enabling the matters to be kept the in the Local Court jurisdiction. The Local Court jurisdiction has limited sentencing powers with the maximum penalties of a $2200 fine and/or two years in Gaol.

The supply charge was supported by clear evidence including admissions by our client to officers at the scene.

After comprehensive negotiations between our lawyers and Police prosecutors a Plea of Guilty was entered to a drastically altered charge sheet.

We advised our client of how best to prepare for sentence assisting in obtaining psychiatric reports, counseling and other material for the sentencing process. A large number of documents and reports were submitted to the Court by our lawyer who spoke at length on our client’s behalf about the impact the incident had on him and j\his family members and the effect that his involvement with the Courts had altered his understanding of drugs.

The Magistrate made findings of guilt in relation to two charges with no criminal conviction recorded against him. He was ordered to enter into a Bond of Good Behavior for a period of two years with no other penalty.

An incredible result!

Our client was charged with 2 counts of supplying a prohibited drug (deemed supply – indictable quantity and 3 counts of possessing a prohibited drug.

He was caught with drugs in his possession of the drugs outside Subsonic Music Festival at Barrington Tops, NSW. He was found with:

  1. 7 grams of crystal MDMA (deemed supply)
  2. 49 LSD tablets (deemed supply)
  3. 1g of cocaine
  4. 1g of cannabis

Following successful negotiations with the DPP, Adam of LY Lawyers was able to reduce the charge of Commercial Supply of Prohibited Drug (LSD) to an Indictable Supply of Prohibited Drug. The case was committed for sentence from Raymond Terrace Local Court to Newcastle District Court.

Our client’s case of successful and ongoing rehabilitation was faultless. He provided the court with numerous reports and evidence of his constant drug rehabilitation over the course of 9 months since his arrest. Evidence was also adduced pointing to the non-commercial nature of the supply offences, thus departing from any suggestion of ‘drug trafficking’ on the part of our client

Judge Ellis of Newcastle District Court heard the case on 21 October 2016. Ellis J was extremely impressed with our client’s progress and accepted our argument that the offence “fell right at the bottom end” of objective seriousness in cases such as these

His Honour excercised his discretion to not impose a criminal conviction, placing our client on 2 Section 10 Bonds for a period of 2 years.

We appeared at Downing Centre Local Court for our client who was drunk at a nightclub and got into an altercation with the security staff. Our client was charged with common assault because he pushed the security guard and threw punched at the manager and the security guard

Our solicitors managed to get our client a section 10 bond for 18 months with no conviction recorded.

Domestic Violence

Our client was charged with intimidation. It was alleged our client entered his neighbors property with a baseball bat with the intention to intimidate after a dispute regarding noise levels.

Our client worked in the IT profession which required him to travel overseas for work purposes. A conviction would rrestrict his ability to travel and thus the likely termination of his employment.

The matter proceeded to sentence at Fairfield Local Court. Evidence of the effect of the conviction on our clients career was presented to the court. It was submitted our client was a person of good character and was unlikely to reoffend and that a section 10 was appropriate on this occasion.

The court agreed and placed our client on a Section 10 bond for two years.

Our client was charged with Intimidation of her neighbor. Our client instructed us that she had no intention to intimidate her neighbor.

This is an essential ingredient of the charge.

We proceeded to hearing at Burwoood Local Court having considered the brief of evidence and the prosecution tendered the brief to the evidence to the magistrate at our request. We made submissions that the prosecution could not prove intention element of the charge. The magistrate agreed and dismissed the charge against our client.