Section 10 Dismissals – A Thing Of The Past

, Section 10 Dismissals – A Thing Of The Past

Section 10 Dismissals – A Thing Of The Past

BACKGROUND

The society we live is quite blurred and this is no different from the law. Our legal system is a complex system that has evolved as our society shifts from one generation to another. 

Turning to the question of sentencing, when an offender pleads guilty in the Local Court, they are then sentenced by the Magistrate who will determine the appropriate punishment. On the day of sentence, the Magistrate takes into consideration a variety of factors. However, the main factors are described in section 3A of the Crimes Sentencing Procedure Act 1999 (‘The Act’ hereafter) which are as follows:

“(a) to ensure that the offender is adequately punished for the offence,

(b)  to prevent crime by deterring the offender and other persons from committing similar offences,

(c)  to protect the community from the offender,

(d)  to promote the rehabilitation of the offender,

(e)  to make the offender accountable for his or her actions,

(f)  to denounce the conduct of the offender,

(g)  to recognise the harm done to the victim of the crime and the community”.

WHAT IS A SECTION 10

The Act states that the Court has a variety of sentencing option available to punish the offender which includes, but is not limited to a section 10 dismissal. A section 10 dismissal in simple terms, is a get out of jail card. Specifically, the Court has the following power:

“(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders—

(a) an order directing that the relevant charge be dismissed,

(b) an order discharging the person under a conditional release order (in which case the court proceeds to make a conditional release order under section 9),

(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program”.

What this means is the Court can find you guilty and of the offence but not proceed to conviction. Unfortunately, section 10(1)(a) dismissals are becoming a thing of the past. According to the Judicial Information Research System (‘JIRS’), 188 out of 7304 offenders who were found guilty of common assault received a section 10(1)(a). This is less than 3 percent of cases which may be frightening for a first time offender. It is a scary experience to think that the Court will make an example out of you and convict you.

Not to worry, National Criminal Lawyers® is well known for achieving these outstanding results. Contact our office for a free consultation.

WHAT DOCUMENTS DO YOU NEED TO GET A SECTION 10?

There is no fixed rule on what documents are required when you are proceeding to sentence. However, it is best to acquire the right documents for the right case. For example, it is recommended to complete the traffic offenders program if you have been charged with a driving offence. Alternatively, if you have been charged with a domestic violence offence, it is recommended to complete an anger management program. To achieve the best possible result, National Criminal Lawyers® always recommends that you acquire a letter of a apology and character references from a close friend or relative. This will ultimately persuade the Court why a section 10 is appropriate in your case. 

HOW TO GET A SECTION 10(1)(A)

Although no result can be guaranteed, National Criminal Lawyers® takes the initiative to review all your material to ensure your documents are structured correctly with no spelling errors. Our wealth of experience in the court room gives us that advantage to ensure you get the best result possible. After many Court appearances, we know how to persuade the Magistrate using the right words and right material. National Criminal Lawyers does not simply follow a template, but we go that extra mile to ensure our submissions are tailored to mirror your case.

Book your first free appointment with National Criminal lawyers now.
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