Four Wins in Four Days: This Week’s Court Results at Parramatta, Blacktown & Burwood

By Michael Barsha, Principal Lawyer at Barsha Defence Lawyers · March 2026

A Big Week Across Three Courts

This was one of those weeks where every day brought a different court, a different charge, and a different challenge. From a section 10 dismissal NSW clients dream of at Parramatta Local Court on Monday to Blacktown Local Court on Tuesday and Friday, with Burwood Local Court on Wednesday in between, our team secured four strong results for four clients who were each facing real consequences.

Two section 10 dismissal NSW results, one full acquittal after a defended hearing, and one conditional release order without conviction. Each of these matters required a different strategy, and each client walked away with their record intact.

Here is a breakdown of what happened, what each section 10 dismissal NSW result involved, and what it means for people facing similar charges.

Monday – Section 10 Dismissal at Parramatta Local Court (Driving Whilst Suspended)

Our client, a young woman, was charged with driving whilst her licence was suspended due to an unpaid fine. The fine itself related to a failure to vote. She had no idea her licence had been affected and was stopped during a routine traffic check.

On the surface, this looks like a straightforward traffic offence. The charge of driving whilst suspended under the Road Transport Act 2013 carries a maximum penalty of a fine and a period of licence disqualification. For someone who depends on driving to get to work, study, and medical appointments, even a short disqualification period can be devastating.

What the charge sheet did not show was what this young woman had been going through. She had recently lost her mother. She was managing diagnosed ADHD that directly affected her ability to keep on top of administrative tasks like paying fines and checking mail from Revenue NSW. The voting fine was a small obligation that fell through the cracks during one of the hardest periods of her life, and the licence suspension that followed was something she simply did not know about.

We prepared a detailed submission to the magistrate at Parramatta Local Court that included supporting material about her personal circumstances, her mental health, and the nature of the offence. We asked the court to deal with the matter under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999, which allows the court to find a person guilty but dismiss the charge without recording a conviction. A section 10 dismissal NSW courts can grant is one of the most valuable outcomes a person facing charges can receive.

The magistrate agreed. Our client left court with no conviction, no fine, and no licence disqualification. This is exactly the kind of section 10 dismissal NSW clients charged with traffic offences should be pushing for when the circumstances support it.

Tuesday – Annulment Granted + Section 10 Dismissal at Blacktown Local Court

This matter was more complex. Our client had been charged with a similar driving offence, but the situation had already gone sideways before we were involved. She had failed to attend court on the previous occasion, and the magistrate had dealt with the matter in her absence, imposing a fine and a three-month licence disqualification.

The reason she missed court was that her court papers had been sent to the wrong address. She never received notice of the hearing and had no idea a penalty had been imposed until she contacted us.

Our first job was to prepare and file an annulment application under Part 2 of the Crimes (Appeal and Review) Act 2001. An annulment asks the Local Court to set aside a conviction or sentence that was made in a person’s absence, so that the matter can be reheard properly. The court will only grant an annulment if satisfied that the person had a valid reason for not attending and that it is in the interests of justice to reopen the case.

We provided evidence showing our client had not received the court attendance notice because it was sent to an incorrect address. The magistrate at Blacktown Local Court accepted this, set aside the earlier conviction and disqualification, and allowed the matter to be dealt with fresh.

With the annulment granted, we then made submissions on sentence. Again, we presented material about our client’s personal circumstances and the nature of the offence. The magistrate granted a section 10 dismissal NSW under section 10(1)(a) with no conviction and no licence disqualification.

Two applications in a single appearance, and our client walked out with both her licence and her criminal record completely clear. The annulment opened the door, and the section 10 dismissal NSW law provides under the Crimes (Sentencing Procedure) Act closed the case in the best way possible.

Wednesday – All Charges Dismissed at Burwood Local Court (Defended Hearing – Serious Assault)

This was the standout result of the week. Our client had been charged with serious assault charges under the Crimes Act 1900 and had maintained her innocence from day one. She elected to plead not guilty, and the matter was set down for a defended hearing at Burwood Local Court.

At a defended hearing, the prosecution must call its witnesses and prove the case beyond reasonable doubt. The defence has the right to cross-examine every witness the prosecution calls. If the evidence does not meet that standard, the charge must be dismissed.

During the hearing, we exposed serious problems with the prosecution’s case. The complainant and the other prosecution witnesses gave evidence that was unreliable, inconsistent, and contradictory. Under cross-examination, the weaknesses became clear. The accounts did not hold together, and the witnesses could not maintain their version of events when tested.

We went further. We presented evidence to the court demonstrating that the complaint had been fabricated as an act of retaliation. Our client had previously lodged a complaint with the Fair Work Commission about underpayment of wages by the complainant. The assault allegations surfaced directly after that complaint was made. The timing was not a coincidence, and we put the material before the magistrate that proved it.

The magistrate found the prosecution witnesses lacked credibility and dismissed all charges. Our client was acquitted.

Defended hearings carry real risk. If they do not go well, the consequences can be worse than if the person had pleaded guilty. That is why preparation matters so much. We had identified the retaliatory motive before the hearing. We had mapped out every inconsistency in the prosecution statements. We knew exactly where the witnesses’ accounts would fall apart, and we tested each of those points during cross-examination.

When a person is innocent and the evidence is challenged properly, the system works.

Friday – Conditional Release Order Without Conviction at Blacktown Local Court (Common Assault)

We were back at Blacktown Local Court on Friday, this time for a guilty plea on a common assault charge. Our client had accused a friend of stealing cannabis from her, and the argument that followed escalated into a single slap. It was over in a moment.

Common assault under section 61 of the Crimes Act 1900 carries a maximum penalty of 2 years imprisonment. Even for a first-time offender, a conviction for assault can affect employment, travel, and security clearances. Our client understood that what she did was wrong and accepted responsibility from the start.

The question for us was not whether she was guilty, but what the right sentence was. She had no prior criminal history. The assault was fleeting and involved minimal physical contact. There was no injury. The circumstances, while not an excuse, provided important context for the court.

We prepared a sentencing submission that included character references, evidence of her background, and a detailed outline of the circumstances of the offence. We asked the court to impose a conditional release order without conviction under the Crimes (Sentencing Procedure) Act 1999.

A conditional release order without conviction means our client is released into the community on conditions for a set period, but no criminal conviction is recorded against her name. It is not the same as a section 10 dismissal NSW magistrates can grant, but it still protects the person’s record in the most important way: there is no conviction.

The magistrate agreed with our submissions and imposed a conditional release order without conviction.

What Is a Section 10 Dismissal NSW?

A section 10 dismissal NSW courts can grant under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 is one of the best outcomes a person can receive in the Local Court. It means the court finds you guilty of the offence but decides not to record a conviction and dismisses the charge entirely. There is no fine, no disqualification, no community service, and no conditions. The charge is simply dismissed.

This power comes from section 10 of the Crimes (Sentencing Procedure) Act 1999. When deciding whether to grant a section 10 dismissal NSW, the court considers factors including the nature of the offence, the person’s character, their age, health, mental condition, and the impact a conviction would have on their economic or social wellbeing.

Two of our four results this week were section 10 dismissals. Both involved driving whilst suspended charges where the underlying circumstances were far less serious than the charge suggested. These results do not happen on their own. They require detailed preparation and a submission that gives the magistrate the material needed to justify the dismissal. If you want to know whether a section 10 dismissal NSW courts recognise is available for your charge, talk to our team early.

For a deeper look at how a section 10 dismissal NSW courts apply works in drink driving matters, read our guide on how to get a section 10 for mid range drink driving in NSW.

What Is an Annulment Application?

An annulment application asks the Local Court to set aside a conviction or sentence that was imposed in a person’s absence. The power is found in Part 2 of the Crimes (Appeal and Review) Act 2001.

If you missed your court date because you did not receive the court attendance notice, because you were unwell, or for another genuine reason, the court can reverse whatever penalty was imposed and allow the matter to be heard properly. You will need to show the court that you had a valid reason for your absence and that it is in the interests of justice to reopen the case.

In Tuesday’s matter, our client’s paperwork had been sent to the wrong address. She never received notice of the hearing. The court accepted this and set aside the fine and three-month disqualification that had been imposed without her knowledge. From there, a section 10 dismissal NSW law provides was available and the matter was resolved without conviction. If you have been convicted or penalised without knowing your matter was listed, contact our team immediately. The sooner an annulment application is filed, the better.

What Is a Conditional Release Order Without Conviction?

A conditional release order (CRO) without conviction is a sentencing option under the Crimes (Sentencing Procedure) Act 1999. It means the court does not record a conviction, but the person is released on conditions for a set period. Those conditions can include good behaviour, supervision by Community Corrections, community service, or treatment programs.

A CRO without conviction is different from a section 10 dismissal NSW courts grant because conditions are attached. But the key point is the same: no criminal conviction appears on the person’s record. For our client on Friday, who had no prior history and had committed a single, fleeting act of common assault, this was the right outcome. It acknowledged what happened while protecting her future.

What These Results Show

Four matters. Three courts. Four different strategies. What ties these results together is preparation.

A section 10 dismissal NSW magistrates grant does not happen because you ask for it. It happens because the material placed before the magistrate makes the case for it. An annulment requires evidence that the person had a genuine reason for missing court. A defended hearing only succeeds when every weakness in the prosecution’s evidence is identified and tested during cross-examination. A plea of guilty that avoids conviction depends on building a sentencing submission that gives the court a full picture of who the person is, not just what they did.

Each of these clients was facing a result that could have affected their employment, their driving record, their ability to travel, or their standing in the community. The work we put in before each court date is what made the difference.

Frequently Asked Questions

Facing Criminal or Traffic Charges?

At Barsha Defence Lawyers, criminal law and traffic law are all we do. Whether you are seeking a section 10 dismissal NSW courts can grant, a not guilty plea and defended hearing, a carefully prepared guilty plea to achieve the best sentence, an annulment application, a bail application, or a mental health application under section 14, we will give you an honest assessment and fight for the best possible result.

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Disclaimer: This article provides general information only and does not constitute legal advice. Criminal and traffic cases are highly fact-specific. Outcomes depend on individual circumstances. Past results do not guarantee future outcomes. If you need