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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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 in 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.
Why was this provision introduced?
A conviction serves to denounce the conduct of the person and is a formal acknowledgment that the person has committed a criminal offence and is no longer of “good character” in the eyes of the law. This may impact a person’s ability to obtain employment and travel.
Interestingly, Section 10A was introduced in part to overcome an anomaly in sentencing where a magistrate or judge who thought that the imposition of a penalty was unnecessary would impose a very small fine (e.g. 50c) and the cost to Revenue NSW (formerly SDRO) to administer and recover the fine would be more than the fine itself. The existence of Section 10A avoids the need to impose such nominal penalties.
The recording of a conviction is a necessary precondition to disqualifying a person from holding a driver licence. For this reason, a court may order a conviction under Section 10A so that an automatic disqualification period is enlivened while avoiding the need to impose a fine or place the offender on a conditional release order.
Examples of when a section 10A order might be made include:
- when a person has been sentenced to imprisonment for an offence and is also being sentenced for less serious offences and the court decides that punishment for the further offences is not necessary;
- when a person is being sentenced for a driving offence and the court believes that a licence disqualification is appropriate, but a fine or conditional release order is not warranted;
- where a person is being sentenced for multiple offences, some of which involve overlapping conduct or circumstances and to impose a further penalty would amount to “double punishment” or “double counting”;
- where a person has committed an offence which would ordinarily result in a fine being imposed, but does not have the financial means, resources or capacity to pay a fine and/or the magistrate decides to deal with the person leniently by not imposing a fine.
Will I have a criminal record?
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)(b) (a conditional release order without conviction) or section 10(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.
If you require advice on Section 10a convictions with no further penalty or any other legal matter, please contact Armstrong Legal.
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