When a person pleads guilty to an offence or is found guilty of an offence,

the Court must sentence them. From least severe to most severe, the most
common sentencing options available to the Court under New South Wales
law are:1
Least severe
No Conviction
s10(1)(b)
s10(1)(a)
Good
Dismissal Behaviour
Bond

Sentences with a Conviction

Fine

Most severe
Custodial Sentences with a Conviction

s9 Good Communit
s12
Intensive
Home
Full time
Behaviour y Service Suspended
Corrections
Detention
custody
Bond
Order
Sentence
Order

The sentencing task is discretionary and complicated: the Court must take
into account lots of different factors to determine the most appropriate
sentence. The seriousness of an offence and the needs to punish
wrongdoing, deter crime, protect the community must be balanced against a
range of favourable subjective factors and the need to promote the
rehabilitation of offenders.
The subjective factors the Court must take into account include whether or
not a person has a previous criminal history, their age, whether they are of
good character, their prospects of rehabilitation, any remorse they have
shown for the offending and the likelihood they will not re-offend. If mental
health issues, substance dependency or other factors suggesting an offender
suffers particular disadvantage exist, then these things are relevant and
should play a big part in informing the exercise of the Court's discretion.
Often, the circumstances of a particular case will disclose a range of
appropriate sentencing outcomes. I often explain this to people by using the
above table and a "goal-posts" metaphor: anything less severe than a
particular outcome would be too lenient and anything more severe than
some other outcome would be too harsh.

What is a Section 10?

There are three types of Section 10s, although I have only listed two in the
table above. They are:
1.A dismissal of a charge without a conviction pursuant to
section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999. This is
the least severe sentencing option available to the Court and will only
1 Other options include a conviction with no other penalty, a s10(1)(c) intervention program,
being sentenced to the rising of the Court (which is an extremely short custodial sentence)
and section 11 bail (which is not a final sentence but an option that allows a person time to
demonstrate their rehabilitative prospects before a final sentence is imposed).

be appropriate if the Court determines a charge is so minor it is not

necessary to impose any form of punishment.
2.An order discharging a person without a conviction on the
condition they enter a good behaviour bond of up to two years
pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act
1999. This is the most common type of Section 10. A Court may give
this type of Section 10 if it is convinced it is unnecessary to impose
anything more than a nominal punishment and it is more appropriate
to release a person on a good behaviour bond.
When a person enters a good behaviour bond, they make a promise to
the Court that they will not commit any further offences during the
period of the bond. If appropriate, the Court can also impose conditions
on the bond that the person comply with a treatment program or
supervision by Community Corrections. If a person breaches the bond
by committing further offences or failing to comply with any condition
imposed during the period of the bond, the Court may revoke the bond
and re-sentence the person.
3.An order discharging a person without a conviction on the
condition the person enters into an agreement to participate in
an intervention program and comply with an intervention plan
pursuant to s 10(1)(c) of the Crimes (Sentencing Procedure) Act 1999.
This type of Section 10 is rare.
Because a Section 10 does not involve the recording of a conviction,
offenders can avoid adverse consequences that would otherwise result from
a conviction. The most common concerns are:
Licence disqualifications. For some driving offences (such as
drink driving, driving under the influence, negligent driving occasioning
grievous bodily harm/death, and driving while suspended or
disqualified), a conviction will result in a substantial period of licence
disqualification, which can lead to a loss of job or income.
Travel. Convictions for certain criminal offences may also cause
people difficulty travelling, either because they may no longer be
eligible to take advantage of Visa waiver or exemption programs to
enter particular countries or because particular countries may refuse
them entry.
Employment and Professional advancement. Sometimes it is
a condition of a person's employment that they maintain a clear
criminal record. If convicted of an offence, they may be dismissed.
Lawyers, accountants and doctors who are convicted of criminal

offences may also be at risk of sanctions being imposed by, or

expulsion from, their professional associations.
Disclosure requirements. Admission to some professions,
applications for security clearances and some job application processes
require applicants to disclose any convictions to determine whether
they are fit and proper persons. Disclosure of a conviction will not
always prejudice an application but in some circumstances, depending
on the guidelines being applied and the nature of the offence, a
conviction may be fatal to an application.