NEW SOUTH WALES

Section 10 Dismissal NSW - No Criminal Conviction: Are You Eligible?

By Joshua Boorman · Published · NSW posts

In shortSection 10 Dismissal NSW – No Criminal Conviction: Are You Eligible? NSW Bureau of Crime figures and Research data show that in 2015, an average of 19.1 per cent of all criminal cases in NSW courts were discharged pursuant to a remedy known as “Section 10”.

  • What is a Section 10 Dismissal NSW?
  • Section 10 offences
  • Importance of having a criminal defence lawyer

New South Wales law · law checked 21 Oct 2026

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Section 10 Dismissal NSW – No Criminal Conviction: Are You Eligible?
What's on this page

Section 10 Dismissal NSW – No Criminal Conviction: Are You Eligible? NSW Bureau of Crime figures and Research data show that in 2015, an average of 19.1 per cent of all criminal cases in NSW courts were discharged pursuant to a remedy known as “Section 10”. Defendants who were handed Section 10 dismissals are able to avoid the dreaded conviction record that could adversely affect their chances of obtaining quality employment, housing, and prospects for overseas travel.

What is a Section 10 Dismissal NSW?

“Section 10” refers to a specific provision in the Crimes (Sentencing Procedure) Act 1999, particularly Section 10 (1) to (3). This section allows a court to issue an order dismissing a charge or discharging the defendant while imposing a good behaviour bond or an intervention program, without recording a conviction against the defendant.

To qualify for a Section 10 remedy, a defendant must either enter a plea of guilty or be found guilty in court. But not all criminal defendants in NSW are entitled to Section 10 discharge, as the order is still left to the court’s discretion which must consider several factors such as:

  • The defendant’s age, character, health condition, mental condition, and antecedents;
  • The presence of mitigating circumstances surrounding the commission of the offence;
  • How trivial the offence actually was;
  • The likelihood that a treatment program would reduce the chances of reoffending by the defendant; and
  • Whether it is advisable or worthwhile to inflict any punishment on the defendant.

In some cases, it has been observed that defendants who have expressed remorse for their trivial offences have been able to avoid conviction and punishment and were instead required to post good behaviour bonds for periods up to a maximum period of 2 years.

Section 10 offences

Not all criminal offences can be the subject of Section 10 discharge, as the law requires that such orders may only be handed out after a consideration of the nature of the offence, among other factors.

In one case, the court determined the triviality of the offence by referring to the acts which constituted the transgression and the actual circumstances which accompanied its commission. Triviality was not determined by the maximum penalty able to be provided by the criminal statute for the offence for which the defendant was charged.

Courts throughout NSW have handed out Section 10s for a wide range of criminal charges such as:

  • Negligent driving;
  • Robbery and assault;
  • Possession of small amounts of drugs;
  • Low-range drink-driving; and
  • Traffic offences.

Importance of having a criminal defence lawyer

Criminal law observers, however, have noted a trend in sentencing outcomes tending to favour criminal defendants who are represented by lawyers before the local courts. With the exercise of judicial discretion in sentencing and dismissals, some courts have displayed apparent leniency after considering the submissions of defence lawyers in qualified cases for Section 10.

A spokesperson for the judiciary explains that differences in sentencing outcomes are often due to the unique circumstances surrounding every case where the two charges, as well as the conduct within the offence charged, are the same.

What does remain clear among Section 10 discharges is the role that skilled criminal defence lawyers play in obtaining favourable outcomes for their clients, as many of the Section 10 dismissals and discharges followed submissions by defence counsels.

In NSW, the Boorman Lawyers have vast experience in traffic and criminal law, having represented clients throughout NSW, and in Queensland, for years. Our competent and skilled lawyers are prepared to help by studying all angles of your case and implementing effective defence strategies including obtaining Section 10 dismissal or discharge, if appropriate in your situation.

We welcome your call today on 1300 941 900 to arrange for your an initial discussion.

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Your a traffic charge matter in New South Wales

Put simply: /benchbks/sentencing/dismissalofcharges.html behaviour-bonds-defendants-in-eastern-suburbs-bear-lighter-load-than-those-in-west/news-story/8baadc1eb6b0a42b4b685e1c89828b1e 1300 941 900 1300 941 900 Email: jboorman@boormanlawyers.com.au Email: jboorman@boormanlawyers.com.au Section 10 Dismissal NSW: Are You Eligible? The matter above was heard at courts across New South Wales. The material before the court included evidence of remorse. Facing a traffic charge in New South Wales? Call 1300 941 900 to discuss the charge and your record.

For the law on a traffic charge today, see our New South Wales traffic law guides. This account of the courts across New South Wales matter is general information only, not legal advice; past results do not predict yours. Call 1300 941 900 or make an enquiry about legal representation.

Law update since this post (checked 21 Oct 2026)

This post was first published on 23 March 2021. The narrative above is kept as published. These notes record later changes to the law.

  • Since 24 September 2018, NSW good behaviour bonds, community service orders and suspended sentences have been replaced by conditional release orders, community correction orders and intensive correction orders (Crimes (Sentencing Procedure) Act 1999). References to the older orders in this post describe the law when the matter was decided.
  • Since 20 May 2019, NSW police can deal with an eligible first-offence low range drink driving matter by penalty notice with an immediate 3-month licence suspension, instead of a court charge (Road Transport Act 2013).

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FAQs about this post

What happened at courts across New South Wales?

Section 10 Dismissal NSW – No Criminal Conviction: Are You Eligible? NSW Bureau of Crime figures and Research data show that in 2015, an average of 19.1 per cent of all criminal cases in NSW courts were discharged pursuant to a remedy known as “Section 10”.

How did courts across New South Wales deal with it?

Defendants who were handed Section 10 dismissals are able to avoid the dreaded conviction record that could adversely affect their chances of obtaining quality employment, housing, and prospects for overseas travel.

Does the NSW a traffic charge law in this post still apply?

Written 23 March 2021. Laws since then may differ, so check the dated notes here and our current NSW pages.

Sources and date checked

Sources and references for this page, checked 21 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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