What Is a Section 10 for Drug Possession in NSW?

Michael Confos
Jul 19
5 min read

If you’ve been charged with drug possession, you’ve probably heard someone say, “Just get a Section 10.”

While a Section 10 dismissal can allow a person to avoid a criminal conviction, it is not automatically available, even for a first offence. Whether a court grants a Section 10 depends on the individual circumstances of your case and your personal background.

For many people, avoiding a criminal conviction is one of the most important objectives because a criminal record can affect employment, professional licences and overseas travel.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with drug offences throughout NSW. Call today for a free consultation to discuss whether a Section 10 may be available in your case.

What Is a Section 10?

Although many people still refer to it as a Section 10, the law has changed.

Today, the equivalent sentencing option is found under the Crimes (Sentencing Procedure) Act 1999 (NSW) and allows a court, in appropriate circumstances, to deal with an offender without recording a criminal conviction.

The phrase “Section 10” remains widely used because it was the terminology used for many years and continues to be commonly recognised by lawyers, police and the public.

Does a Section 10 Mean the Charge Is Dismissed?

Not exactly.

A Section 10 does not mean the charge disappears or that you were found not guilty.

Instead, it means the court has exercised its sentencing discretion to deal with the offence without recording a criminal conviction, provided the legal requirements are satisfied.

This distinction is important because it is different from having the charge withdrawn or being acquitted.

Can Anyone Get a Section 10?

No.

There is no automatic entitlement to receive a Section 10.

When deciding whether to grant one, the court may consider factors such as:

the seriousness of the offence;
the quantity of drugs involved;
your criminal history;
your age;
your character;
your prospects of rehabilitation;
whether you pleaded guilty;
your level of remorse; and
your personal circumstances.

Every matter is assessed individually.

Is It Easier If It’s My First Offence?

A first offence may improve your prospects, but it does not guarantee that a Section 10 will be granted.

The court will still carefully consider:

the circumstances of the offence;
the type and quantity of drugs;
your background;
your rehabilitation; and
whether it is appropriate to avoid recording a conviction.

Many first-time offenders mistakenly believe they automatically qualify. That is simply not the case.

If this is your first court appearance, obtaining legal advice early can significantly improve your preparation. Michael Confos can assess your case, advise whether a Section 10 may be appropriate and help present the strongest possible sentencing material to the court.

How Can I Improve My Chances?

While no lawyer can guarantee a Section 10, proper preparation before court is extremely important.

Depending on your circumstances, this may include:

obtaining legal advice early;
completing drug counselling or rehabilitation;
obtaining strong character references;
demonstrating genuine remorse;
maintaining employment or study;
addressing any underlying substance dependency issues; and
preparing evidence relevant to your personal circumstances.

Presenting persuasive material can assist the court in understanding why a conviction may not be appropriate.

Is a Guilty Plea Required?

Many Section 10 applications arise after a person has pleaded guilty.

However, every case is different.

Before deciding whether to plead guilty or not guilty, you should obtain legal advice to ensure you understand your legal options and the strength of the prosecution case.

Why Is Avoiding a Criminal Conviction Important?

A criminal conviction can have lasting consequences.

Depending on your circumstances, it may affect:

employment opportunities;
professional licences;
security clearances;
overseas travel;
visa applications; and
future criminal proceedings.

Because of these potential consequences, obtaining legal advice before court is often one of the most important steps you can take.

If you’ve been charged with drug possession, contact Michael Confos today for a free consultation to discuss your options before your next court date.

What If I Don’t Receive a Section 10?

Even if a Section 10 is not available, the court has a range of other sentencing options.

The appropriate sentence will depend on the seriousness of the offence and your personal circumstances.

A criminal lawyer can advise you on the sentencing options that may be available in your particular case.

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Frequently Asked Questions

What is a Section 10?

A Section 10 is the commonly used term for a sentencing outcome where a court deals with an offender without recording a criminal conviction.

Will I automatically receive a Section 10 because it’s my first offence?

No. A first offence may assist, but there is no automatic entitlement.

Does a Section 10 mean I’m found not guilty?

No. It is a sentencing outcome, not an acquittal.

Can a lawyer improve my chances?

Proper preparation, persuasive sentencing material and experienced legal representation may assist in presenting your case to the court.

Key Legislation

Applications commonly referred to as “Section 10” are governed by:

Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

These Acts establish the offence of drug possession, sentencing powers and police investigative powers.

Relevant Case Law

Whether a court deals with an offender without recording a conviction depends upon the applicable legislation and established sentencing principles.

NSW courts consider both the objective seriousness of the offence and the offender’s personal circumstances when determining the appropriate sentence.

Seeking a Section 10?

If you’re hoping to avoid a criminal conviction for a drug possession offence, obtaining legal advice as early as possible is essential. Every case is different, and careful preparation before court can make a significant difference to the sentencing outcome.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with drug possession and other criminal offences throughout NSW. Call Michael Confos today for a free consultation to discuss your case, understand your options and receive practical advice before your court appearance.