NSW Abolishes Good Character References in Sentencing

New South Wales (NSW) has become the first jurisdiction in Australia to abolish the consideration of "good character" references during sentencing hearings for all convicted offenders. This significant reform, introduced by the state government, aims to reduce trauma for victim-survivors of sexual abuse and other crimes. The decision follows a recommendation from the NSW Sentencing Council, which conducted a review initiated in April 2024 after advocacy from the campaign group Your Reference Ain’t Relevant.

NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first‘Good character’ references to be abolished during sentencing in NSWNSW government to abolish 'good character' evidence at sentencings of convicted offenders

Historically, good character references have been used in the Australian legal system as mitigating factors during sentencing. However, the recent review concluded that such references are based on a vague concept and lack evidence supporting their value in predicting reoffending or rehabilitation. The report highlighted that these references often benefit individuals from privileged backgrounds, particularly white, middle-class men, thereby perpetuating social disadvantage.

NSW government to abolish 'good character' evidence at sentencings of convicted offenders

The reform follows previous exceptions for child sex offenders, where good character could not be used if it contributed to the crime. The NSW government aims to ensure that the experiences of victim-survivors are prioritized over the reputations of offenders.

NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first

Harrison James and Jarad Grice, co-founders of the #YourReferenceAintRelevant campaign, have been instrumental in advocating for this change. Both are survivors of child sexual abuse and have expressed that the reform represents a monumental shift in how the courts approach sentencing. James stated, “If you sexually abuse a child, you are not of good character,” emphasizing the need for the legal system to reflect the severity of such crimes.

NSW government to abolish 'good character' evidence at sentencings of convicted offenders

NSW Attorney-General Michael Daley has also been a vocal supporter of the reform, asserting that offenders should not be able to use their social standing to mitigate their culpability. He noted that victim-survivors should not have to endure hearing their abusers described as "good people" in court.

‘Good character’ references to be abolished during sentencing in NSW

Despite broad support for the reform, some dissenting voices emerged during the review process. Two members of the Sentencing Council argued that removing good character considerations entirely could undermine the principle of rehabilitation. They suggested that good character could encourage lawful behavior in exceptional circumstances. The Aboriginal Legal Service recommended focusing on improving victim-survivors' experiences rather than infringing on defendants' rights.

NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first

The NSW government has framed the legislative change as a necessary step to ensure justice for victim-survivors. The Sentencing Council's report stated, “There is no sufficient justification for allowing an offender's good character to mitigate a sentence.” This sentiment was echoed by various advocacy groups, including Full Stop Australia, which welcomed the reform as a means to alleviate the distress caused by character references during sentencing.

‘Good character’ references to be abolished during sentencing in NSW

The reform is expected to influence other Australian states and territories, with officials indicating they will observe how NSW's changes are implemented. The ACT has already announced plans to legislate similar measures for child sexual abuse cases. Advocates hope that this landmark decision will lead to further reforms across the country, enhancing the legal system's responsiveness to the needs of victim-survivors.

NSW government to abolish 'good character' evidence at sentencings of convicted offenders

In conclusion, the abolition of good character references in NSW marks a significant shift in the legal landscape, prioritizing the voices and experiences of those affected by crime over the reputations of offenders.

‘Good character’ references to be abolished during sentencing in NSW