Criminal Penalties

1. Section 10 Dismissal (No Conviction Recorded)

A Section 10 dismissal allows a court to find a person guilty but decide not to record a conviction.

There are two main forms:

• Section 10(1)(a) – Charge dismissed with no conviction and no conditions.
• Section 10(1)(b) – Conditional Release Order without conviction.

This is one of the most favourable outcomes available in NSW, as it avoids a criminal record entirely. Courts consider factors such as:

• The trivial nature of the offence
• The person’s character
• Lack of prior convictions
• Any extenuating circumstances

Section 10 outcomes are not automatic — they require careful preparation and persuasive submissions.

2. Conditional Release Order (CRO)

A Conditional Release Order may be imposed with or without conviction.

A CRO can include conditions such as:

• Good behaviour
• Counselling or rehabilitation
• Supervision by Community Corrections
• Abstinence from drugs or alcohol

CROs can last up to 2 years. If a CRO is breached, the court may revoke the order and resentence the offender for the original offence.

3. Fine

A fine is a monetary penalty and is commonly imposed for summary and traffic offences.

When determining the amount, the court must consider:

• The objective seriousness of the offence
• The offender’s financial capacity

Although fines are less restrictive than other penalties, they often involve a recorded conviction and can still have long-term consequences.

4. Community Correction Order (CCO)

A Community Correction Order is a more serious community-based sentence and always involves a conviction being recorded.
A CCO can last up to 3 years and may include:
•    Community service work
•    Supervision
•    Drug and alcohol treatment
•    Anger management programs
•    Curfews
CCOs are commonly imposed where the offence is too serious for a fine or CRO but does not justify imprisonment.
Breaching a CCO can result in revocation and a harsher sentence.

5. Intensive Correction Order (ICO)

An Intensive Correction Order is legally a prison sentence, but served in the community under strict conditions.

ICOs are only available for certain offences and where the court is satisfied that community safety will not be compromised.

Conditions may include:

• Electronic monitoring
• Strict curfews
• Community service
• Regular reporting
• Mandatory rehabilitation

ICOs are typically imposed for serious offences where imprisonment is warranted but full-time custody is not considered necessary.

6. Full-Time Imprisonment

Full-time imprisonment is the most severe penalty available in NSW.

Before imposing a custodial sentence, the court must consider whether any lesser penalty is appropriate.

When imprisonment is ordered, the court sets:

• A non-parole period (minimum time to be served), and
• A balance of term (remaining sentence after parole eligibility).

Prison is generally reserved for serious, repeat, or violent offending.

7. Diversion & Rehabilitation-Based Outcomes

In appropriate matters, courts may consider programs designed to address the underlying cause of offending, including:

• MERIT (drug rehabilitation)
• Mental health diversion
• Traffic offender programs

Demonstrating genuine engagement in treatment prior to sentencing can significantly influence the penalty imposed.