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SECTION 10

See below for a list of section 10 orders obtained recently.

There are some common misconceptions about section 10s.  Obtaining a section 10 can be difficult.  A section 10 is not necessarily a "magic eraser".   As it involves a finding of  guilt, it can be deemed to be a conviction for certain purposes and can affect travel and employment adversely. 

What is a Section 10?

A Section 10 is an order made pursuant to s.10 Crimes (Sentencing Procedure) Act 1999.  A Section 10 is
like a Section 32, an order made pursuant to s.32 Mental Health (Forensic Provisions) Act 1990 (click here for more information):

  • it is a entirely discretionary;
  • a charge is dismissed without conviction;
  • a condition requiring a period of good behaviour can be imposed.
However, unlike a Section 32, a Section 10 involves a finding of guilt and is often deemed to be a conviction. 

Do I need a lawyer?


YES.    While there have been cases where an accused has obtained a Section 10 without legal representation, having an experienced lawyer appear for you will maximise the chances of a favourable result.   Not all Magistrates are the same and some are more severe than others when it comes to penalty.

Presenting a persuasive plea in mitigation is more difficult than people anticipate.  Putting a Magistrate off-side by making irrelevant or inappropriate submissions happens too frequently in the Local Court

RECENT SECTION 10s

January 2016 - Downing Centre Local Court
Possess Prohibited Drug (2.6g Cocaine)
s.10(1)(b) Bond without conviction

Sept 2015 Queanbeyan Local Court
Drive with Mid Range PCA
s.10(1)(b) Bond without conviction

August 2015 Downing Centre Local Court

Possess Prohibited Drug (<1g Cocaine)
s.10(1)(b) Bond without conviction

2015 Waverley Local Court
Drive with Low Range PCA
s.10(1)(b) Bond without conviction

2014 - Downing Centre Local Court                                             

Exceed Speed > 45km /hr

2012 - Sutherland Local Court
Possess Prohibited Drug, Supply Prohibited Drug, Self Administer Prohibited Drug (
in breach of prior s.10(1)(b) good behaviour Bond)

2012 - Sutherland Local Court
Drive with Prohibited Drug in Bodily Fluid (in breach of prior s.10(1)(b) good behaviour Bond)

2012 - North Sydney Local Court
Possess Prohibited Drug

2012 - Ryde Local Court
Drive Whilst Disqualified   (with prior convictions)

2012 - Burwood Local Court
Possess Prohibited Drug

2011 - Sutherland Local Court
Assault Police (with prior convictions)

2011 - Sutherland Local Court
Drive with Mid Range PCA

2011 - Sutherland Local Court
Drive with Low Range PCA

2011 - Newtown Local Court
Drive Whilst Suspended

2011 - Bankstown Local Court
Malicious Damage & Offensive Behaviour

2010 - Bankstown Local Court
Possess Prohibited Drug

2010 - Downing Centre Local Court
Possess Prohibited Drug

2010 - Newtown Local Court
Fail to Provide Particulars

2010 - Bankstown Local Court
Custody of Knife in Public Place

2010 - Bankstown Local Court
Drive with Mid Range PCA

2010 - Bankstown Local Court
Possess Prohibited Drug


2010 - Fairfield Local Court
Common Assault

2010 - Newtown Local Court
Drive with Mid Range PCA

2010 - Sutherland Local Court
Drive Whilst Disqualified (numerous prior convictions)

2010 - Downing Centre Local Court
Deemed Supply Prohibited Drug, Possess Prohibited Drug


2010 - Sutherland Local Court
Drive with Low Range PCA

2010 - Sutherland Local Court
Drive with Low Range PCA

2010 - Waverley Local Court
Drive with Low Range PCA

2010 - Sutherland Local Court
Drive with Low Range PCA

2010 - Sutherland Local Court
Drive with Low Range PCA

2010 - Sutherland Local Court
Drive with Medium Range PCA


Click here to see our recent Section 32s.
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