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Section 10

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Our criminal law knowledge and experience is your best defence.

Have you got a matter headed for court? Want to know what might happen or what you might be facing? This is where we are here to help. 

If your matter results in a finding of guilt, there are other sentencing options available besides a term of imprisonment and we are the experts on knowing just what factors needs to be presented in order to produce a different outcome.

Which legislation do I consider?

The Crimes (Sentencing Procedure) Act 1999 New South Wales (NSW), is a complicated piece of legislation which details all the available sentencing options, you might be facing when you commit a crime. Section 10 of that legislation specifically, details the dismissal of charges and the conditional discharge of an offender if the situation may warrant it and that is what this article will consider.  

It is always best to seek legal advice when looking at sentences of this nature so that you are fully informed about both the process and the possible outcomes available to you. This is also a sure fire way to try and ensure that you don’t receive the maximum penalty you could be facing. It is important to demonstrate to the court that you are taking the process seriously and that you are remorseful for your crimes. 

Is there a specific type of lawyer I should see to deal with my criminal offences?

Deciding what lawyer you may need to help you, is never as simple as it seems however in this case, the type is in the title. If you are dealing with criminal offences or criminal charges then you will need advice from a criminal lawyer or alternatively, you may have heard them referred to as a defence lawyer. Its that simple. 

Criminal lawyers are often also called defence lawyers as it is their primary responsibility to defend you against your charges.

What is a conditional release order (CRO)?

A conditional release order is an alternative to a term of imprisonment or a fine in the case of criminal or traffic offences. These types of orders have strict conditions which, if broken, will have harsh penalties as a result. These penalties are in place for both punishment and deterrence so that people have more incentive to comply with their conditions.  

A conditional release order in NSW can be made for a maximum period of two years. The standard conditions which will be placed on you if you receive this type of order are; 

  1. That you must not commit an offence during the life of the order; and
  2. That you must appear before the court, if called on to do so at any time during the life of the order;

Other conditions which may be placed on you, are determined by what type of order is placed on you. The additional conditions may be any of the following; 

  1. A requirement to participate in in a rehabilitation program, or to receive some form of treatment; 
  2. Abstinence from either alcohol, drugs or both; 
  3. A non-association condition (i.e. people you are not allowed to come into contact with);
  4. A place restriction (i.e. Places you are not allowed to visit, perhaps, licenced premises);
  5. A curfew requirement (i.e. certain time you are required to be within your home); 
  6. A residential requirement (i.e. you must reside in the same home for the term of the order);
  7. If the order is in relation to a traffic offence, you may have restrictions on where and at what time you can drive; 
  8. There may be a licence disqualification for a period of time or a deduction of demerit points. You would also be unable to gain any further demerit points because to do so would be to commit a traffic offence; and 
  9. You may also have an interlocutory system placed within your vehicle (i.e. a breathalyser which upon a negative reading allows you to start the vehicle), if an offence relates to a charge of drink driving.
  10. These are only some of the conditions that may be imposed. 

In the event you do breach the conditions of your release order or you commit a further offence, it will be the discretion of the magistrate as to what consequences you receive. In limited circumstances, and heavily dependent on the type of breach, you will not receive any further consequences. However, the following are the more likely options; 

  1. The order will be varied and additional conditions will be imposed; or
  2. Revoke the order and resentence the offender.

The court has the option available to them to seek a sentencing assessment report prior to dealing with a matter of breach, which will provide them further insight into how you have been complying with other aspects of the order and whether it would be appropriate to continue with a varied order rather than impose a harsher sentence such as a term of imprisonment. 

If you believe you have breached a conditional release order then it is important that first and foremost, you contact a lawyer for advice.

Is a good behaviour bond a type of conditional release order?

A good behaviour bond is an order which allows a magistrate to release an offender back into the community instead of requiring them to serve a term of imprisonment. A good behaviour bond is a type of conditional release order which also requires that the offender not commit any further offences and that they not fail to appear before the court if asked. 

Good behaviour bonds do not come with a criminal conviction and a fine cannot also be imposed at the same time as a good behaviour bond. 

It is always best to contact a lawyer to see whether you are eligible for a good behaviour bond or any other form of conditional release order.

Frequently Asked Questions.

Our lawyers cover a multitude of areas, including more serious offences. Including but not limited to:

Family Violence
Family violence is among the most common cases we encounter, with both men and women subject to institutional abuse. While it doesn’t necessarily entail sexual abuse, in many cases, it does, and sexual assault is part of the Criminal Code. We handle such cases with confidentiality and cautiousness to ensure the best possible compensation outcomes.

Children-related Issues
The children’s court is frequently confronted with issues of child protection, children’s rights, custody arrangements as a result of divorce, parental responsibilities, and more.

Because we understand how far the impacts of such situations can go in the memories of children, we work rapidly and efficiently to establish protective measures against children’s trauma and minimize time spent in a children’s court. You and your children are fully protected with us!

Drugs
We have a track record of achieving outstanding results when it comes to drug offence charges, ranging from demolishing the possibility of a criminal conviction, dropping charges through negotiations, securing “not guilty” verdicts in court trials, and more.

Our drug offences include commercial drug charges, drug importation charges, drug possession charges, and cultivating prohibited plant charges. We also work with minor possessions of prohibited drug offences, providing you with legal representation throughout the process!

Fraud

Fraud is considered one of the most scheming criminal offences, and accordingly, it is punished severely by the court system’s penal code and criminal code. As specified by Australia’s penal code, the penalties can go as high as ten years of imprisonment.

Accordingly, understanding the criminal law adequately and reaching out for professional legal advice to be your intermediary with the criminal justice system is a must. We specialize in forgery, identity crimes, tax fraud, Medicare fraud, and ID fraud.

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