ACT Can I Appeal Good Behaviour Order for Assault?

[Faisal]

I got good behaviour order conviction on 19/1/2016 for common assault in ACT. The order is under Crimes Act (Sentencing) 2005, s.13 and is for 1 year according to the court order. Is there any way I can appeal against this order and apply for section 10(1)(a) or 10(1)(b).

I have no criminal record before in Australia.

Thanks

 

[Sophea]

I don't see why not. However courts don't give section10s out easily and they will require a lot of persuasion to grant you one. They will have regard to your age, character, record, health and mental condition, the nature of the offence, extenuating circumstance and other relevant matters.

You may or may not be aware that with a section 10 with a bond, it will still appear on your criminal record for the duration of the bond and a section 10 is actually defined as a conviction that becomes spentas soon as the bond is finished. This means that if you need to show a clean criminal record to travel or apply for a job shortly then you need to obtain a section 10 without bond.