Drink Driving
What to do if you have been caught driving whilst exceeding prescribed concentration of alcohol (PCA)? The police have a strict process to follow. Several issues need to be considered. Call me for advice.
What is the difference between low range, mid range, high range readings? There is a big difference in the range of penalties between the three readings. Call me and I will explain the differences to you.
The Court will listen to reasonable requests for sympathy and I have a lot of experience on how to ask the Court for assistance on your behalf.
In Summary
When persons are found guilty of PCA offences, they receive the following penalties on average:
- low range: $290 fine and 3.5 months licence disqualification.
- middle range: $450 fine and 7.9 months licence disqualification.
- high range: $669 fine and 17.3 months licence disqualification.
Prior record and other factors, such as age and sex, have an effect on the penalties imposed, with males generally receiving higher penalties than females; offenders aged 21-30 receiving higher penalties than older or younger offenders; and, of course, those with a prior record receiving higher penalties than those without priors.
Section 10- avoiding a criminal record and retaining your licence
Normally, when you plead guilty to a criminal or traffic offence the Court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. However, if we were able to convince the court not to convict you, there would be no penalty of any type and no criminal record. In all criminal cases a court has the discretion not to convict you but deal with you under the terms of section 10.
RJ Thomas has one of the best records in N.S.W for obtaining Section 10 bonds for his clients.
Section 10 Crimes (Sentencing Procedure) Act – Evading a Criminal record
When you plead guilty to a criminal or traffic offence the Court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. In traffic matters this may also include a loss of license. However, if it is possible to convince the Court not to convict you, there is no penalty, no loss of licence, and no criminal record. In all Criminal and Traffic Law cases a Court has the discretion not to convict you but deal with you under the terms of section 10.
SECTION 10
The expression section10 refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. Additionally, there is no loss of drivers license and no other penalty.
Types of Section 10’s.
There are three types of section 10s:
Outright dismissal – Section 10(1)(a)
Conditional dismissal with a good behaviour bond-Section 10(1)(b)
Conditional dismissal with a rehabilitation course – Section 10(1)(c)
Section 10(1)(a) – Outright dismissal
An outright dismissal under section 10 involves the court dismissing the offence without any conditions. The matter is completely over as soon as you walk out of the Court room.
Section 10(1)(b) – Conditional dismissal with a good behaviour bond
A Court can dismiss a charge under s10, but at the same time put you on a good behaviour bond for up to 2 years. The bond can have any conditions which the Court wants you to abide by. At a minimum these include:
- That you be of good behaviour (that is, that you do not commit any further offences)
- That you advise the Court of any change of address and
- That you appear before the Court if called upon to do so
If you breach any conditions of the bond, the Court can call you up before it, revoke the bond and impose a different sentence for the offence. This is the most popular way that a court deals with an offender under section 10.
Section 10 – with intervention program
This refers to a section 10 which is conditional on you entering an intervention program of some kind (such as the Traffic Offenders program), completing that program successfully and complying with any action plan that results from that program.
Applying for a section 10 Crimes Sentencing Procedure Act
Courts do not give out section10’s easily. Normally a Courts will need a lot of convincing before granting you a section 10. The law says that in deciding whether to give a person a section 10, the Court must consider the following issues:
- Your age, character, record, health and mental condition.
- The trivial nature of the offence.
- Any extenuating circumstances.
- Anything else the Court think is relevant.
Expert advice If you would like our honest opinion as to your chances of a Section 10
please call me on (02) 9977 8211 or email:rjthomas@rjt.com.au
Crime
Types of penalties
Section 10- avoiding a criminal record
Normally, when you plead guilty to a criminal or traffic offence the Court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. However, if we were able to convince the court not to convict you, there would be no penalty of any type and no criminal record. In all criminal cases a court has the discretion not to convict you but deal with you under the terms of section 10.
Fines
By far the most common penalty imposed by the Local Court is a fine. When deciding the amount of any fine the Magistrate or Judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bonds
A good behaviour bond is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is 5 years.
Community service order
A Community Service Order (CSO) involves either unpaid work in the community at a place specified by Probation and Parole or attendance at a Centre to undertake a course, such as Anger Management. In order to be eligible for a CSO you have to be assessed by an officer of the Probation service as suitable to undertake the order. Certain medical conditions could exclude you from being suitable to undertake a work order.
Suspended sentence
A suspended sentence (Section 12 good behaviour bond) is a gaol sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the gaol sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to 2 years.
Periodic Detention
Periodic detention is a form of imprisonment. It involves detention in a periodic detention centre for a two day period each week for the length of the sentence set by the court. The two-day period commences at 7.00 pm on the day of the week specified (usually Friday) and ends at 4.30 pm on the second day following the day so specified (usually Sunday).
Prison
This is the most severe form of punishment and involves being locked up in a prison. Before a court imposes a prison sentence it must be satisfied that no other penalty other than imprisonment is appropriate.