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Imagine sitting in a courtroom where a convicted criminal is described as having “good character” — this scenario might soon become a relic of the past, courtesy of a groundbreaking reform in criminal justice.
The New South Wales government is poised to unveil legislation next week that aims to eliminate the consideration of good character as a mitigating factor in criminal proceedings. This move positions NSW as a pioneer, should the proposal become law.
Currently, most Australian states and territories have specific provisions that prevent many child sex offenders from using “good character” to reduce their sentences. However, if the new legislation is approved, NSW will become the first state to completely abolish this practice across all criminal cases, marking a significant shift in the judicial landscape.
This legislative initiative follows the release of recommendations from the NSW Sentencing Council, published on Sunday, and reflects the persistent efforts of victim advocacy groups. The reform signifies a substantial overhaul of the criminal justice system, aiming to ensure fairness and justice for victims.
The announcement comes on the back of recommendations released on Sunday from the NSW Sentencing Council and the tireless work of victim advocates.
“This is one of the most substantial reforms in NSW courts since no-fault divorce in 1976,” Harrison James, co-founder of Your Reference Ain’t Relevant, said.
“This reform shifts courts from privileging offenders’ social standing to centring the lived experience and trauma of survivors.”
A survivor of child sexual abuse, James and his co-founder Jarad Grice have been on a three-year mission to have ‘good character’ mitigation abolished across the nation.
“I hope this shows every survivor and victim of crime that their voice matters and that they can demand justice,” James said.
Other mitigating factors, including a lack of previous convictions and the prospect of rehabilitation, will still be considered in sentencing decisions.
The 2017 child sex abuse royal commission prompted most states to wind back protections for people who used their ‘good character’ to commit their crimes.
But no other jurisdiction has widened the removal of good character beyond the realm of sexual offending.
Reform about preventing unnecessary trauma
The state attorney-general says the new sentencing guidelines will help prevent unnecessary trauma in courtrooms.
“Victim-survivors shouldn’t have to sit in court and hear the person who hurt them or their loved one described as a ‘good person’,” Michael Daley said.
Using character in sentencing may contribute to social disadvantage because certain groups are more likely to benefit than others, the Sentencing Council report says.
Wealthy and influential criminals have much greater access to positive character references while those with intellectual disability are often frozen out.
With NSW being the first to move on a blanket abolition, James says other states and territories have been watching the legal developments in earnest.
“These crimes don’t discriminate by state borders,” he said.
“We’ll fight tooth and nail to ensure that this gets to every corner of the nation.”
If you or someone you know is impacted by family and domestic violence, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit 1800RESPECT.org.au. In an emergency, call 000.
Readers seeking support with mental health can contact Beyond Blue on 1300 22 4636. More information is available at beyondblue.org.au. Embrace Multicultural Mental Health supports people from culturally and linguistically diverse backgrounds.
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