National Criminal Lawyers® recently achieved an outstanding result in a middle range PCA appeal in the NSW District Court, where a Local Court conviction, fine, licence disqualification and mandatory alcohol interlock order were successfully challenged on appeal. Despite an alcohol reading of 0.135, only 0.015 below the threshold for High Range PCA, the District Court ultimately set aside the conviction and sentence and dealt with our client without recording a conviction.

The appeal was heard on 15 September 2026 before Acting Judge A Townsden. Mr Michael Moussa, Principal Lawyer of National Criminal Lawyers®, appeared personally for the client and advanced the appeal. After submissions and consideration of the additional subjective material, the District Court upheld the severity appeal, set aside the Local Court conviction and sentence, and dealt with the client by way of a 24-month Conditional Release Order without proceeding to conviction.

A 0.135 reading — only 0.015 below high range

A particularly significant feature of this case was the client’s alcohol reading of 0.135. Middle range PCA covers readings from 0.080 to below 0.150, while a reading of 0.150 or above enters high range PCA. This client was therefore only 0.015 below the high-range threshold. The defence did not attempt to minimise that reading. It was an objectively serious middle-range reading and presented a real difficulty in seeking an outcome without conviction.

That context is important when considering the result. This was not a case involving a reading marginally above 0.080. The client’s reading was substantially above the beginning of the middle range and close to the point at which the offence would have been categorised as high range. Against that background, persuading the District Court to set aside the Local Court conviction and impose a CRO without conviction required careful preparation and persuasive subjective evidence.

How often do Middle Range PCA cases receive no conviction in NSW?

Recent Judicial Information Research System (JIRS) statistics provide useful context. For the sentencing period from April 2022 to March 2026, the JIRS data displayed for first-offence middle range PCA matters in the NSW Local Court recorded 43 principal-offence sentencing outcomes. Of those 43 matters, 29 resulted in a fine only, representing 67.4%. Nine resulted in a Community Correction Order, representing 20.9%. Only three resulted in a Conditional Release Order without conviction, representing 7.0%. One further matter, or 2.3%, was dealt with under section 10A with no other penalty, and one matter, or 2.3%, received a Conditional Release Order with conviction.

The statistics do not determine how any individual case will be sentenced and they do not isolate cases with a reading of 0.135. Nevertheless, they provide contemporary context for the type of order ultimately obtained in this appeal: within that JIRS dataset, a CRO without conviction accounted for only 7.0% of the recorded first-offence middle range PCA outcomes. The result in this case is especially notable when considered alongside the client’s 0.135 reading and the conviction already imposed in the Local Court.

What happened in the Local Court?

Our client was a 36-year-old first offender who pleaded guilty to driving with middle range PCA. In the Local Court, the client was convicted, fined $1,000, disqualified from driving for three months and required to participate in the mandatory alcohol interlock program for 12 months.

Those orders had consequences extending beyond the immediate penalty. The client worked in the automotive industry, where maintaining a valid driver licence and being able to operate and demonstrate vehicles formed an important part of his employment. His employment agreement expressly required him to maintain a valid driver licence, meaning the disqualification and conviction created a genuine risk to his livelihood.

Appealing the Local Court sentence to the District Court

After the Local Court result, National Criminal Lawyers® advised the client in relation to his appeal rights and the prospects and risks of a District Court severity appeal. The decision was made to appeal the sentence and place a more comprehensive sentencing case before the District Court, including updated evidence about rehabilitation and the actual effect of the Local Court orders on the client’s employment.

The appeal was not approached simply as an argument that losing a licence was inconvenient. The case was prepared around the matters capable of properly informing the sentencing discretion: the client’s antecedents, prior good character, remorse, rehabilitation, favourable driving history, the objective seriousness of the offending and independently verified employment consequences.

How National Criminal Lawyers® prepared the middle range PCA appeal

A substantial body of subjective material was assembled and refined before the appeal. The agreed facts were reviewed so that sentencing proceeded on the proper factual basis. Detailed submissions were prepared seeking a Conditional Release Order without conviction under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Character evidence was obtained from people with longstanding knowledge of the client and knowledge of the offence, and the client’s favourable antecedents were relied upon, including the absence of any prior criminal history or previous drink-driving offence and his lengthy favourable driving history.

The client had also completed a Traffic Offenders Rehabilitation Program. The rehabilitation material addressed his insight into the offending, including alcohol, fatigue, stress and impaired judgment, together with practical strategies directed at ensuring that the conduct was not repeated. This material was important in demonstrating that the client had taken the offence seriously rather than treating the appeal as merely an attempt to recover his licence.

Fresh employment evidence became important on appeal

The employment evidence developed significantly between the Local Court sentence and the District Court appeal. The client’s employment agreement was tendered to establish independently that a valid driver licence was an express requirement of his position in the automotive industry. Fresh evidence was also obtained from the Dealer Principal immediately before the appeal.

That evidence demonstrated that the consequences were no longer hypothetical. The client had been placed on reduced duties, could not operate or demonstrate vehicles, had used accumulated leave and had faced discussions concerning his ongoing employment while the appeal remained unresolved. There was also evidence of concern that a recorded conviction could affect financial-services accreditation relevant to his work. This allowed the District Court to assess actual, independently corroborated consequences rather than a general assertion that a licence was needed for employment.

The argument for a Section 10 CRO without conviction

Our drink driving lawyers confronted the seriousness of the 0.135 reading directly.

General deterrence is an important consideration in drink-driving matters, and the client’s reading was close to the high-range threshold. The submission was not that being a first offender automatically entitled the client to avoid a conviction. Instead, the Court was asked to consider the combination of his prior good character, genuine remorse, demonstrated rehabilitation, favourable driving history, low need for specific deterrence and the independently proven employment consequences.

Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits a court, after finding an offender guilty, to discharge the offender under a Conditional Release Order without proceeding to conviction where the statutory discretion is exercised in the offender’s favour. Whether such an order is appropriate depends on the individual circumstances of each case.

District Court result: severity appeal upheld and conviction set aside

The District Court upheld the severity appeal. The conviction and sentence orders imposed in the Local Court were set aside. In their place, the District Court found the client guilty but did not proceed to conviction, instead imposing a 24-month Conditional Release Order commencing on 15 September 2026 and expiring on 14 September 2028. The CRO was made subject to the standard conditions together with an additional condition that the client must not commit any moving traffic offences.

The formal Court result recorded the reasons for the appeal as additional subjective material and the period of disqualification already served. The outcome meant that the conviction imposed in the Local Court did not remain in place. Given the 0.135 reading, the orders originally imposed and the relatively small proportion of CRO-without-conviction outcomes appearing in the contemporary JIRS data, this was an outstanding result for the client.

Can you get a Section 10 for middle range PCA in NSW?

A Section 10 outcome is legally available for a middle range PCA offence in NSW, including a Conditional Release Order without conviction. It is not automatic. A court may consider matters including the alcohol reading, the objective circumstances of the driving, prior record, plea of guilty, remorse, rehabilitation, character and other personal circumstances. Evidence of employment consequences can also be relevant, but employment hardship by itself does not guarantee that a conviction will be avoided.

Can you appeal a middle range PCA conviction or sentence?

A person who has been sentenced for middle range PCA in the NSW Local Court may have a right to appeal the severity of the sentence to the District Court. An appeal can provide an opportunity for the sentencing discretion to be exercised again and for relevant fresh evidence to be placed before the Court. Strict appeal time limits and procedural requirements apply, so anyone considering an appeal should obtain advice promptly after the Local Court sentence.

Why preparation matters in a PCA severity appeal

This case demonstrates why the preparation of a District Court severity appeal can be just as important as the oral submissions made on the day. The successful result was supported by a combination of carefully reviewed facts, detailed subjective material, rehabilitation evidence, informed character references, a favourable record, contractual employment evidence and fresh evidence demonstrating the real effect of the Local Court orders. That material was then connected to the statutory sentencing discretion and the specific non-conviction order sought.

Every middle range PCA case is different. A reading of 0.135 does not prevent a court from considering a non-conviction order, but nor does this result mean that the same outcome will follow in another case. The strength of the evidence, the circumstances of the offending and the individual offender remain critical.

Read the orders below:

Need advice about a middle range PCA appeal in NSW?

National Criminal Lawyers represents clients charged with middle range PCA and other drink-driving offences throughout NSW, including clients seeking advice after receiving a conviction, licence disqualification or alcohol interlock order in the Local Court. If you are considering a District Court severity appeal, obtaining advice early can assist in identifying the available appeal options, the evidence that should be gathered and any rehabilitation steps that may strengthen the sentencing case before the applicable time limit expires.