Getting A Section 10
If you are facing criminal charges it is important to get expert criminal defence advice. Auslex have extensive experience in all criminal matters.
Don’t risk your future, your livelihood or even your licence. Talk to the experts at Auslex today.
If you have been charged with a criminal offence, we still may be able to assist you in avoiding a criminal conviction. Avoiding a criminal conviction takes skill and expert legal knowledge.
Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows for Court, to discharge an offender without recording a conviction. This means the person avoids having a criminal record for that offence and that no penalty is imposed.
A section 10 can be imposed either after a person has pleaded guilty, or after being found guilty at a hearing.
A court can impose a section 10 by immediately dismissing the charges, or by placing the person on a conditional release order for a period of time.
Getting a section 10 can often be very important to a person’s livelihood. A section 10 can often help a person retain their driver’s licence, as it means that the disqualification, or demerit points for the offence are also not imposed.
However, a section 10 is not an easy result to achieve. A section 10 will not always be considered in all criminal matters.
In assessing whether to deal with the matter under section 10, the court can consider:
- the person’s character, antecedents, age, health and mental condition;
- the trivial nature of the offence;
- the extenuating circumstances in which the offence was committed; and
- any other matter that the court thinks proper to consider.
An experienced criminal defence lawyer can often prove the difference between leaving court with a clean record, or a conviction.
Don’t risk your future. Contact Auslex today.
OUR people
Adam Bye
Family Lawyer
Adam Bye is an experienced legal practitioner and accomplished court advocate, specialising in all forms of litigation. He is ready to assist you with clear, strategic advice and strong representation.
Elizabeth Windeyer
Lawyer
Elizabeth practices in Wills and Estates, Succession Law and Estate Disputes. She is dedicated to achieving practical outcomes for clients, combining professionalism with a compassionate approach.
Brianna Edwards
Lawyer
Brianna is a lawyer at Auslex Law Group, focusing on matters across Property Law, Estate Planning, Wills and Succession, and Family Law. She is committed to providing practical, client-focused support in every matter.
Samuel Apps
Lawyer
Samuel is a lawyer at Auslex Law Group, specialising in Divorce, Property Law and Estate Planning. He is dedicated to helping clients navigate complex and personal legal matters with professionalism and care.
Danielle Galvin
Lawyer
Danielle works primarily in Family law – a field that she finds deeply rewarding. She is passionate about helping her clients to navigate the complexities of separation and move forward with their lives.
