Section 10 and conditional release orders
A section 10 is decided on the material you file, not on the day.
General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.
The provision
Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court that finds an offence proved to dismiss the charge without recording a conviction. Section 10(1)(b) allows the court to discharge you on a conditional release order, again without conviction. A conditional release order can also be made with a conviction under s 9. A s 10 dismissal and a non-conviction order leave no conviction recorded. A conditional release order under s 9 records one.
What the court weighs
Section 10(3) directs the court to consider your character, antecedents, age, health and mental condition; the trivial nature of the offence; the extenuating circumstances; and any other matter the court thinks proper. In practice:
- Objective seriousness. Where the offence sits on the range for that charge, not how serious it feels to you.
- Prior record. A blank record carries real weight at sentence. A later offence cannot rely on it again.
- Consequence of a conviction. Not embarrassment, but a demonstrated effect on employment, licensing, a visa, or a professional registration. This must be evidenced, not asserted.
- What you have done since. Completed programs, counselling, restitution, a traffic offender intervention program.
Traffic matters specifically
For drink driving, a s 10 avoids both the conviction and the mandatory disqualification. Completion of a traffic offender intervention program before the sentencing date is close to a practical prerequisite in most Local Courts.
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