Section 10A – Conviction With No Further Penalty

When a New South Wales Court is dealing with a person who has been found guilty of an offence, it may record a conviction without imposing any further penalty. This power is found at Section 10A of the Crimes (Sentencing Procedure) Act 1999.

Section 10A was inserted into the Act in 2006 to provide an appropriate sentencing power in circumstances where a Court considers a non-conviction conditional release order or dismissal is inappropriate considering the circumstances of the offence but no further penalty is necessary.

What is a Section 10A:

A Section 10A penalty involves a person being convicted of the offence but no further penalty (such as a fine or behaviour bond) being ordered. 

Legislation:

Will I Get a Criminal Record for a Section 10A Penalty?

Yes. If an order is made pursuant to section 10A, the offender is convicted of the offence and this will appear on the person’s criminal record.

 A Section 10A should not be confused with an order pursuant to Section 10(1)(a), 10(1)(b) (a conditional release order without conviction) or Section 9(1)(a) (a conditional release order with conviction) of the Act.

A section 10A conviction will be recorded on a person’s criminal record and will appear when a national Police check is done until the conviction becomes spent.

Related Consequences of a Section 10A:

Demerit Points

The Court does not have the power to impose, deduct or vary the amount of demerit points that apply to an offence. Demerit points at law are a consequence of imposing a conviction.

As a Section 10A involves a conviction, when a person is sentenced to a Section 10A penalty, the demerit points for the offence will be applied against their licence.

Automatic and Mandatory Licence Disqualification 

Some traffic offences (such as speeding >30km/h, drink driving, negligent driving or driving while suspended) also carry a licence disqualification consequence in addition to their prescribed maximum penalties. The provisions relating to automatic and mandatory disqualification periods for traffic offences are contained in Section 205 of the Road Transport Act 2013. 

The Legislation states that when the Defendant is convicted of the offence, the automatic and mandatory licence disqualification will be applied against the Defendant’s licence. 

As a Section 10A is a conviction penalty, when a person is sentenced to a Section 10A, this will trigger the automatic and mandatory licence disqualification being applied and their licence will be disqualified for the prescribed period. 

Mandatory Interlock Order

Similarly, if the offence for which a person is being sentenced contains a ‘mandatory interlock’ provision then when a person is convicted the Court is required to impose a mandatory interlock order on the Defendant. Mandatory Interlock Orders involve two stages:

1. Licence Disqualification – A period of disqualification is applied to the licence, then
2. Interlock Order – After the disqualification period has been served, order the Defendant to obtain an interlock licence and have an interlock device installed in their vehicle for the prescribed period of time. 

As a Section 10A is a conviction penalty, when a person is sentenced to a Section 10A, this will trigger the mandatory interlock order being applied to their licence.