Dismissals under section 10 of the Crimes (Sentencing Procedure) Act 1999 are a way to avoid a criminal record despite pleading guilty to or being found guilty of, a criminal or traffic offence.
Getting a section 10 dismissal means that no conviction will be recorded on your criminal or traffic record. It also means, in the case of traffic offences, that no demerit points can be recorded against you.
The Court dismisses the offence without recording a conviction on your criminal record and imposes no conditions.
A CRO allows the Court to decide against recording a conviction but must include conditions that the offender does not commit an offence and must appear before the Court if called upon to do so. A CRO may also include other conditions as the case requires.
The Court dismisses the offence without recording a conviction on your criminal record. Additionally, the Court directs you to enter and complete an intervention or rehabilitation program.
It is important to note that with an order under sections 10(1)(b) or (c), the order will apply for a specified period. Once completed, you are free from the restraint of such conditions.
Section 10 dismissals are available for all criminal and traffic offences, except where a person has been guilty of a second major traffic offence within a 5-year period.
However, the Courts are strict in the assessment of whether to grant section 10 dismissals.
In deciding whether to grant a section 10 dismissal the Court will consider the following:
A section 10 dismissal will be more likely if you can convince the Court of the following:
Hamilton Janke Lawyers will provide realistic advice about your chances of obtaining a section 10 dismissal. If a section 10 is not appropriate in your case, our lawyers will still work to achieve the most lenient outcome in your circumstances.