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What are the possible outcomes of electing to go to court?

April 26, 2017Court Electing Outcomes possible

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What are the possible outcomes of electing to go to court?

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Should your matter proceed to hearing, a Magistrate will either: • find you guilty of the offence and record a conviction; or • find you guilty of the offence, but not record a conviction and dismiss the matter; or • find you not guilty and dismiss the matter. Only an outright dismissal (i.e. being found ‘not guilty’) will result in no demerit points being applied to your traffic record. If you are found guilty, the Magistrate may use their discretion under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to dismiss your offence. This results in you not having to pay the penalty amount. However, demerit points will be applied to your licence and appear on your traffic record. NSW legislation specifies that demerit points must be recorded on your traffic record for all offences where the Court finds you guilty irrespective of whether or not you have been convicted.