The NSW Government has announced it will introduce legislation to remove the use of ‘good character’ references during criminal sentencing.
In NSW courts, ‘good character’ evidence can be used as a mitigating factor to reduce an offender’s sentence.
The announcement follows the recommendation from a 2025 review by the NSW Sentencing Council, which found victim-survivors described the practice as “deeply re-traumatising”.
Good character
Under NSW law, courts are required to consider an offender’s ‘good character’ when determining a sentence, “if it is relevant and known to the court”.
Good character references can include an offender’s general reputation before a crime, criminal record (or lack of), or previous awards that demonstrate their “significant contribution to society”.
In 2008, an exception was introduced to ban it’s use in child sexual offence cases, after a review by the NSW Sentencing Council. It’s still used in sexual assault trials for victims over 16 years old.
In 2024, the NSW Attorney-General commissioned the Council to review the use of good character evidence in sentencing, following advocacy campaigns calling for it to be abolished in all sexual offence cases.
During the review, the council received written submissions from victims, victim-survivors, and family members about their experiences in the sentencing process.
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Common themes in the submissions described the process as “deeply re-traumatising” and said they felt as though it “minimised the offending.”
Many felt that “the offender’s reputation mattered more than the harm that the offending had caused the victim.”
Following the review, the Council recommended the Government introduce legislation to abolish the practice.
New laws
On Wednesday, the NSW Government will table the legislation in Parliament.
The proposed law would still allow courts to consider an offender’s chances of rehabilitation and risk of reoffending.
Courts would also continue to consider whether an offender has a prior criminal history, but this would no longer be used to show “good character”.
NSW Attorney-General Michael Daley said the move aims to prevent offenders from using their “reputations and social standing to commit serious crimes and then minimise their culpability.”
Your Reference Ain’t Relevant has been a leading organisation campaigning for the reform. Co-founder Harrison James called the change “one of the most monumental shifts in how the courts approach sentencing.”
