Section 10
What happened to section 10? What is a CRO?
Dont’t worry, they haven’t been abolished, simply had a name change. What used to be a section 10 ( A non conviction order, is now a community release order without conviction (CRO). A CRO (Section 10) dismisses someone’s charges without proceeding to conviction. What is a CRO? (section 10) ? A CRO allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. (Criminal Records Act 1991) Does a CRO...
Section 10 and fine for driving offences
Our client was charged with driving on a suspended licence and driving while using a mobile phone. We argued that our client was experiencing significant financial and family pressure, with accumulated debt and a child on the way. The Magistrate took favour with our submissions, ordering a section 10 good behaviour bond for the first offence, and a fine for the second offence, allowing our client to continue working in support of his young family.
Section 10 no conviction on appeal for shoplifting offence
Sydney District Court – November 2015Our client was a middle-aged divorcee convicted of shoplifting in Hornsby Local Court after she stole a dress from a neighbouring stall in David Jones, where she was employed. On appeal to the District Court, we persuaded the judge to deal with the matter by way of no conviction and good behaviour bond.
Section 10 good behaviour bond for law student charged with drug possession and assault police
Downing Centre Local Court – January 2016Our client was a young man charged with attempted self-administration and possession of cocaine and assaulting police. Upon being questioned about being found with cocaine and about to inhale a line of the drug, he pushed past police and ran away, only to be identified days later. We negotiated with police to drop the self-administration charge, as it was essentially a ‘double-up’ with the possess charge, which was successful. At sentence, we explained our client’s...
Section 10 no conviction for riding in a stolen motor vehicle
Hornsby Local Court – January 2016Our client was charged with riding in a stolen conveyance after he allowed himself to ride as passenger on two occasions on a stolen scooter. Initially instructing us to plead not guilty, then changing those instructions to deal with the matter by way of diversion under mental health legislation, in the end, our client instructed us to deal with the matter by way of plea in the Local Court. Given our client’s youth, and a number of serious personal issues, we were able to...
Section 10 no conviction for possession of MDMA ecstasy
Downing Centre Local Court – April 2016Our client was a young tradesman from Newcastle charged with Possess Prohibited Drug after being caught with a capsule of MDMA in the Sydney CBD. He made full admissions to police, and at sentence, we were able to persuade the...
Section 10 on appeal for verbal threats
Our client was charged for threatening his neighbour while staying at his partner’s house. We advised him to plead not guilty, as the case was essentially a he said / she said. At a hearing at Balmain Local Court, the Magistrate accepted the complainant’s version of events and convicted our client. We appealed the sentence to the District Court, where our client was resentenced by way of section 10 with no conviction and a good behaviour bond.
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