Section 10 appeals
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Section 10 appeals

In New South Wales there is no option for a court to grant an offender who is to be disqualified or suspended a “work licence” to enable them to travel for work-related purposes.

The mechanism by which the penalties detailed above can potentially be removed is under Section 10 of the Crimes (Sentencing Procedure) Act 1999, being the general provision giving the court the power to decline to record a conviction and/or impose a penalty (even if the penalty is a mandatory minimum as detailed above) despite a finding of guilt.

Section 10 allows the court may make one of the following orders:

  • An order directing that the relevant charge be dismissed (effectively declining to impose a punishment or a conviction notwithstanding that the offender is guilty of an offence);
  • An order discharging the offender on the basis of a good behaviour bond of up to two years;
  • An order discharging the offender on the condition that they participate in an “intervention program” (for example, a traffic offenders program or drug/alcohol rehabilitation).

In deciding whether to exercise their power to decline to record a conviction, the court is required to take into consideration the following:

  • A person’s character, family/social background, age, health and mental condition;
  • The trivial nature of the offence;
  • The extenuating circumstances in which the offence was committed;
  • Any other matter the court thinks proper to consider.

Specifically relating to traffic matters, a Section 10 appeal is the way to address a situation where the imposition of a suspension would have an unreasonable effect on the penalised person by depriving them of the ability to earn a living during the period of the suspension. Note however that the prospects of a successful application on these grounds may depend on the nature of the offence and your general criminal and traffic history.

If you have been charged with a traffic matter, and are hoping to make a Section 10 appeal, you need the best legal assistance available. LAC Lawyers offer fixed fee legal representation for all traffic law matters. Call today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) for advice and representation.

  2. Overview
  4. Articles
  6. FAQs
  8. Lawyers
  10. Case Studies