SECTION 10 DISMISSAL
When people talk about traffic offences and DUI offences often the issue of seeking a “Section 10 dismissal” is raised.
It must be understood that a Section 10 dismissal is not going to work for everyone and generally speaking a Court will only make such an order under very rare and extenuating circumstances.
The myth that anyone who gets caught drink driving will be able to obtain a Section 10 dismissal if they get a good lawyer must be dispelled since that is simply not the case. Each matter must be carefully considered on a case by case basis. If you wish to get a better idea as to whether or not you may be eligible for obtaining a Section 10 dismissal then please contact us immediately.
So what is a Section 10 dismissal?
The terms “Section 10″ refers to section 10 of the Crimes (Sentencing Procedure) Act 1999 and it provides the Court with discretionary powers to not record a conviction and discharge the defendant despite the fact that the Court finds you guilty of the offence. In relation to a PCA or DUI offence this generally means that you will not receive a criminal conviction, you will not receive a monetary fine and you will not have your driver’s licence disqualified, enabling you to continue driving.
3 types of “Section 10″ dismissals:
1. Outright Dismissal – Court makes an order that the relevant charge be dismissed
Section 10(a) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order an outright dismissal of an offence can be ordered by the Court without carrying any conditions.
2. Conditional Discharge - upon condition of Good Behaviour Bond
Section 10(b) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order a dismissal of an offence on the strict condition that the offender must enter into a good behaviour bond for a period of time (not more than 2 years).
The minimum conditions of Good Behaviour generally include:
- That you be of good behaviour for a specified period;
- That you advise the court of any change of address; and
- That you appear before the court should you be asked to do so.
If you fail to abide by the conditions of a Good Behaviour Bond then you will have to come back before the Court where your bond will be revoked and a new sentence will be ordered.
3. Conditional Discharge – upon condition of participation of Intervention Program
Section 10(b) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order a dismissal on the strict condition that the offender takes part in an Intervention Program and to comply with any Intervention Plan arising out of the program.
The Court will decide what the best form of Intervention Program will be for you to complete. Failing to abide by the Intervention Program conditions will see the offender brought back before the Court where he/she will be resentenced.
How do you get a Section 10?
You need to present to the Court a well prepared case and court submissions that will be able to convince the Court that your matter is one which deserves a dismissal under Section 10.
For this reason it is extremely important that you have a strategically devised plan in place before you attend the final hearing for your court case.
A number of issues will need to be discussed with the Magistrate including:
- Age, character, record, health & mental condition;
- The trivial nature of the offence;
- Extenuating circumstances;
- Any other relevant issues.
Taking action on a “Section 10″
If you have been charged with any type of drink driving or drug driving offences then we would strongly urge you to contact our office so that we can discuss your matter and provide you with an open and honest opinion in what your chances are of obtaining a “Section 10″.
Please call us on (02) 9283 8622
Section 10 Dismissal
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation.
Sydney Drink Driving Lawyers
Beazley Singleton Lawyers