A criminal conviction can have a serious impact on your future, but with the right legal help it can be possible to avoid a conviction, even for relatively serious cases.
A Section 10 order is a finding of guilt without a criminal conviction, and judges or magistrates award Section 10s at their discretion.
If you receive a Section 10, you will not be penalised for your offence, and you will not get a criminal conviction, which means that you won’t have to worry about the impact of a criminal conviction on your future work or travel plans.
At Sydney Criminal Lawyers, our recent NSW criminal court results show an unbeaten track record of successfully obtaining Section 10s for a wide range of different criminal matters.
Section 10 for drug possession, after drug supply charges withdrawn
Sydney Criminal Lawyers recently had success obtaining a Section 10 order for a client who was being charged with drug possession after being found with 10 ecstasy tablets in her possession.
The client had also been charged with two counts of drug supply. Sydney Criminal Lawyers successfully fought for the supply charges to be dismissed, and then persuaded the magistrate to award a Section 10.
This allows her to avoid any criminal convictions that could have prevented her pursuing her chosen career as a social worker.
This is just one example of more than a dozen recent drug possession and drug supply cases that Sydney Criminal Lawyers has obtained Section 10 orders for.
Section 10 for assault occasioning actual bodily harm (ABH)
In another recent case, Sydney Criminal Lawyers successfully obtained a Section 10 for a client who was guilty of assault occasioning ABH.
The client was a young security guard who needed a clean criminal record to be able to work in his occupation.
The incident had taken place during a soccer match when the defendant punched another man’s nose, breaking it and causing hospitalisation and requiring surgery.
In spite of the seriousness of the injuries, Sydney Criminal Lawyers was able to obtain a Section 10 for the client, and he was able to continue in his occupation.
Section 10 for resist police, assault police and offensive conduct
A 34-year-old Peruvian woman was charged with two counts of assaulting police, in addition to charges of resisting police and offensive conduct.
Sydney Criminal Lawyers managed to obtain a Section 10 on her behalf, which means she will have a better chance of getting permanent residency.
Section 10 for dog attack charges
In a recent case at Downing Centre District Court, a 51-year-old man who was a client of Sydney Criminal Lawyers received a Section 10 after his dogs attacked a neighbour’s cat which later died. Regrettably, it was the second attack by the same dogs which made the case far more serious.
It was important that the man remained conviction-free, as he is an electrician and needs to be able to keep his security licence.
Section 10 for negligent driving occasioning grievous bodily harm (GBH)
A 30-year-old truck driver represented by Sydney Criminal Lawyers was recently given a Section 10 for a charge of negligent driving occasioning GBH.
The truck driver had driven negligently and seriously injured several cyclists, including a doctor who tragically sustained brain injuries.
The Section 10 was obtained in spite of the driver having 31 previous speeding convictions and having previously been disqualified for dangerous driving.
Whether or not you are granted a Section 10 order depends largely on:
- The seriousness of your particular charges,
- The negotiations undertaken by your lawyer to get your charges reduced and/or to change the police ‘facts’ so that they are less serious,
- The preparations undertaken and guidance given by your lawyer to place you in the best position for court; including preparing detailed submissions, assisting with character references, any letter of apology, any counselling (eg for drugs, alcohol, gambling or anger management) and even offering to pay compensation for medical expenses or sums stolen,
And very importantly:
- The courtroom ability of your lawyer; specifically their ability to persuasively present the strongest points in your case.
A top criminal defence lawyer with a strong history of successfully obtaining Section 10 orders can help you avoid a criminal conviction, even for relatively serious offences.