(November 2011) Section 10 of the Crimes (Sentencing Procedure) Act 1999; Its use, misuse, overuse and non use - Video podcast and paper -  CR106/1247
(November 2011) Section 10 of the Crimes (Sentencing Procedure) Act 1999; Its use, misuse, overuse and non use - Video podcast and paper - CR106/1247

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Level: Essential
CLE Units: 1.5

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Speakers

Brett Thomas, Solicitor, Willis & Bowring
Her Honour Magistrate C Farnan, Local Court of NSW
His Honour Magistrate W J Brydon, Local Court of NSW

Summary

Section 10 of the Crimes (Sentencing Procedure) Act 1999 enables a court, upon a plea or finding of guilt, to order the dismissal of charges without proceeding to record a conviction.

The order can be made with or without conditions.

This Section is one of the most discussed sections in the administration of criminal justice – it can be helpful but when should it be applied and when should it not be applied ?

In this video podcast, the legal and judicial perspective will be provided on Section 10:

  • The purpose of Section 10
  • Some of the misconceptions about the use of Section 10
  • When should you ask for it, and when you should not
  • Examining the concept of its use being restricted.

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