{"id":5805,"date":"2026-02-06T14:51:36","date_gmt":"2026-02-06T14:51:36","guid":{"rendered":"https:\/\/krayemandco.com.au\/staging2026\/?page_id=5805"},"modified":"2026-03-15T09:46:29","modified_gmt":"2026-03-15T09:46:29","slug":"section-10-criminal-defence-lawyers","status":"publish","type":"page","link":"https:\/\/krayemandco.com.au\/staging2026\/section-10-criminal-defence-lawyers\/","title":{"rendered":"Section 10 Criminal Defence Lawyers"},"content":{"rendered":"\t\t
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Home > \r\nSection 10 Lawyers<\/p>\r\n

Section 10 Lawyers<\/h1>\r\n \r\n <\/div>\r\n <\/div>\r\n\r\n
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With a proven track record for over 20 years, our lawyers have achieved section 10 dismissals (non-convictions) for countless number of clients.<\/p>

Getting a section 10 dismissal means that a person guilty of a criminal or traffic offence will avoid a driver licence disqualification and avoid a criminal conviction. This will also maintain the freedom to travel overseas and apply for and get jobs that require background checks.<\/p>

A s10 dismissal give you back your freedom and peace of mind to continue your life without the bad stigma of a criminal conviction.<\/p>

Our senior lawyers specialise in section 10 dismissals. With over 20-years of experience, we know exactly how to maximise your chances at achieving a section 10.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What is a section 10 Dismissal? <\/div><\/span>\n\t\t\t\t\t\t\t\n\t\t\t<\/path><\/svg><\/span>\n\t\t\t<\/path><\/svg><\/span>\n\t\t<\/span>\n\n\t\t\t\t\t\t<\/summary>\n\t\t\t\t
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This is a section 10(1)(a) order and is the most lenient type of penalty a Magistrate or
Judge can give if guilty of a criminal or traffic offence in NSW.<\/p>

It results in a non-conviction and dismissal of the charge(s) without any conditions. It also means that you will not be disqualified from driving and you will not lose demerit points for any traffic offence.<\/p>

The Magistrate or Judge can give this under s10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).<\/p>

A s10(1)(a) will mean you can say \u2018no\u2019 whenever asked \u2018do you have a criminal conviction?\u2019.<\/p>

A section 10 non-conviction can also be available for a person guilty of a criminal or traffic offence under section 10(1)(c) of the same Act. This can be obtained if the Judge or Magistrate believes that it will reduce the likelihood of re-offending by imposing a condition that you participate in an intervention program to promote your treatment or rehabilitation.<\/p>

A Judge or Magistrate can only impose an intervention program as a condition under
s10(1)(c) if satisfied that:<\/p>

  1. You\u2019re eligible to participate in it; and<\/li>
  2. You\u2019re a suitable person to participate in it; and<\/li>
  3. That the program is available in the area you will be living.<\/li><\/ol>

    To determine these things, the Judge or Magistrate may order an assessment report,
    which may take up to 8 weeks to obtain. If this assessment report says that you\u2019re
    suitable then it is more likely the Judge or Magistrate will make the order in your
    favour.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/details>\n\t\t\t\t\t\t

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    How to Get a Section 10 Dismissal? <\/div><\/span>\n\t\t\t\t\t\t\t\n\t\t\t<\/path><\/svg><\/span>\n\t\t\t<\/path><\/svg><\/span>\n\t\t<\/span>\n\n\t\t\t\t\t\t<\/summary>\n\t\t\t\t
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    The Magistrate or Judge will more likely give you a s10 non-conviction if one or more of the below factors apply to you:<\/p>

    1. Good Character and Clean Record:\u00a0You\u2019re considered a person of good character with no previous criminal record. It\u2019s important to produce compelling good character reference letters from people who know you for the Court to read. These reference letters can express all the great things you have done. Each good character reference letter should be well structured, be up to 1 page in length and each letter should express the main points that go towards convincing the court to give you a s10. For these reasons, it\u2019s important to have an experienced criminal or traffic lawyer review each letter before handing it up to the Court.<\/li>
    2. Mental Health:\u00a0The law generally requires a Judge or Magistrate to give a lighter punishment (such as s10 dismissal) If you were suffering a mental illness, such as depression, PTSD disorder etc at the time of the offence. The reason for this is because the law places less emphasis on punishing you or using you as a vehicle for deterrence to others where your offending conduct was contributed by your mental condition at the time. The more your mental condition contributed to committing the offence, the more lenient your penalty will likely be. This means a greater chance at a s10 dismissal. A compelling expert psychologist report can express all these points in the best possible way to prove your mental condition which can significantly improve your chances at convincing the court to give you a non-conviction. It\u2019s important to get a psychologist report from a well-respected and experienced expert psychologist or psychiatrist. Further advantages of getting a properly drafted psychologist report favouring a s10 is that it can express other important things that can increase the chances of a s10 dismissal. For example, if the expert report expresses that you\u2019re unlikely to re-offend, your remorse, your insight and good prospects of rehabilitation, then a Judge will more likely be persuaded towards giving a s10 dismissal.<\/li>
    3. Young Age:\u00a0If you were young at the time of the offence, which reflects your immaturity at the time of the offence. Court\u2019s understand that young people make mistakes in life.<\/li>
    4. Good Explanation:\u00a0A compelling explanation for committing the offence, without providing any justification for your actions. This can be better expressed in an expert psychologist report or affidavit.<\/li>
    5. Insight and Remorse:\u00a0Your expressions of genuine remorse and insight into your offending. This can be demonstrated by producing an apology letter\u00a0and good character reference letters. If your remorse and insight has been shown, then the Judge or Magistrate will more likely believe that you\u2019re unlikely to re-offend which will increase your chances of a s10. This can be better expressed in an expert psychologist report or an affidavit.<\/li>
    6. Objective Seriousness of Offending Conduct:\u00a0The penalty will likely be lighter if the nature of the offence you face is considered trivial (less serious).The police facts sheet becomes very important here because it provides details of how the offence took place by you. You can try to negotiate this document with police to change it before it\u2019s handed to the court.There are different levels of seriousness for each individual offence. for example, a charge of common assault can include a push or a punch. A push is considered less serious type of common assault than a punch. This means, an offence of pushing someone is more likely to result in a section 10 dismissal.Sometimes, police will give a version to the Judge in the police facts that is far from the truth. This will likely make you look worse than it should. In such situations, it\u2019s critical to first negotiate the facts with police before proceeding to sentence and allowing the Judge to read the police version of facts. By changing the facts to what really occurred, how it occurred, you can put yourself in a much better light in front of the Judge who will then more likely give a section 10 dismissal.A good criminal lawyer can find all the holes in the police evidence and use\u00a0that to strategically negotiate a change of the facts or get the charges dropped\u00a0or downgrade to something less serious- increasing your chances of avoiding a\u00a0conviction even on a plea of guilty.<\/li>
    7. Extenuating Circumstances:\u00a0Any compelling or \u2018extenuating\u2019 circumstances of committing the offence can increase your chances of a s10. This includes a compelling explanation or unusual circumstances in which you committed the offence in. For example, for assault offences, provocation will likely reduce the penalty. For traffic offences, driving in a state of emergency can significantly increase your chances of a s10. For drug offences, supply or using drugs as a result of a chronic drug addiction where you were self-medicating with drugs can significantly increase your chances of a s10. It\u2019s important to strictly avoid any attempts to justify your offending conduct (distinct from an explanation).<\/li>
    8. Any Other Matter the Court Thinks Proper to Consider:\u00a0The Judge or Magistrate can look into other relevant factors in determining whether to give a section 10 dismissal or non-conviction, including: