News · Criminal law explainer
Conviction with no other penalty in NSW.
Between a fine and a dismissal sits a lesser-known outcome: a conviction with no other penalty. Under section 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court can record a conviction and stop there, imposing nothing further. This note explains when it is used, how it differs from a section 10 dismissal, and what a conviction on its own means.
By Aaron Kernaghan · Published 3 September 2026
What is a section 10A?
Section 10A allows a court, when it finds a person guilty, to record a conviction and impose no other penalty. There is no fine, no bond, no community work, and no supervision. The conviction is the whole of the outcome.
It is a sentencing option in its own right, sitting near the bottom of the range. It marks the offence with a conviction, but recognises that no further punishment is warranted.
When is it used?
A section 10A is often appropriate where the offence is proven and a conviction is warranted, but the person has already suffered enough by way of consequence, or the offence is at the very low end, or a further penalty would serve no purpose. It can suit a case where a fine or bond would add nothing meaningful.
It can also be a sensible resolution where the fact of a conviction matters for some regulatory reason but the court sees no need to punish further. The court still has to be satisfied that a conviction, without more, is the just result.
How is it different from a section 10 dismissal?
The difference is the conviction. A section 10 dismissal, or a conditional release order without conviction, means no conviction is recorded at all. A section 10A records a conviction but imposes no penalty. So a section 10A is more serious than a section 10, even though neither carries a punishment beyond the finding.
That distinction can matter. A conviction can affect employment, travel, licensing, and future sentencing. A person who wants to avoid a conviction altogether is seeking a section 10 outcome, not a section 10A.
What does a conviction mean?
A conviction is a formal finding recorded against the person. It can appear on a criminal history, and it can be relevant to future dealings and to any later sentencing. Even without a penalty attached, the conviction itself has consequences.
Whether those consequences matter depends on the person's circumstances. For some, a conviction with no penalty is a good result. For others, avoiding a conviction is the whole point, and the argument at sentence is about which side of that line the case falls.
Where section 10A fits in the range
The sentencing options run from a section 10 dismissal, through a conditional release order, a fine, a community-based order, up to imprisonment. Section 10A sits low in that range: a conviction, but nothing more.
Knowing the options, and arguing for the right one on the facts, is a central part of a sentence hearing. Our note on the section 21A factors explains what the court weighs in choosing between them.
Frequently asked.
What is a section 10A?
An outcome under the Crimes (Sentencing Procedure) Act 1999 (NSW) where the court records a conviction but imposes no other penalty. There is no fine, bond, or other order; the conviction is the whole result.
How is a section 10A different from a section 10?
A section 10 means no conviction is recorded at all. A section 10A records a conviction but imposes no penalty. So a section 10A is more serious than a section 10, even though neither adds a punishment.
When would a court use a section 10A?
Where a conviction is warranted but a further penalty would serve no purpose, for example where the offence is at the low end or the person has already suffered enough consequence.
Does a section 10A give me a criminal record?
Yes. A conviction is recorded and can appear on a criminal history. Even without a penalty, the conviction itself can affect employment, travel, licensing, and future sentencing.
Is a section 10A a good result?
It can be, where a conviction is unavoidable and the court imposes nothing further. But a person who needs to avoid a conviction altogether is seeking a section 10, not a section 10A.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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