Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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 Crimes (Sentencing Procedure) 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 Crimes (Sentencing Procedure) Act 1999.
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 call us on 1300 038 223 or email us.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000