NSW Gov
The Minns Labor Government will legislate to stop convicted offenders relying on evidence of their 'good character' in sentencing proceedings.
The reform responds directly to recommendations from the NSW Sentencing Council's review of 'good character' as a mitigating factor at sentencing.
It will reduce trauma for victim survivors who will no longer have to hear their perpetrator described as someone of 'good character' in court.
It also responds to concerns that 'good character' evidence perpetuates social disadvantage at sentencing because its use is not equally available to all offenders.
Child sexual offenders are already restricted from relying on 'good character' or a lack of previous convictions if those factors assisted the perpetrator to commit the offence. This is known as the 'special rule'.
For all other crimes, someone's 'good character' is considered by the courts at sentencing if it is relevant.
The Government will on Wednesday introduce legislation to amend the Crimes (Sentencing Procedure) Act 1999 to abolish 'good character' as a mitigating factor for all offences and repeal the 'special rule' for good character.
This uniform approach to sentencing will help ensure the law is clear and consistent, following advocacy by Your Reference Ain't Relevant cofounders Harrison James and Jarad Grice.
Courts will still be able to consider evidence relating to relevant factors such as someone's prospects of rehabilitation and the likelihood of reoffending.
A lack of previous convictions also will be retained as a mitigating factor, but this will not be able to be used to demonstrate someone is of 'good character'.
Attorney General Michael Daley said:
"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'.
"We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability.
"No offender should be able to rely on the fact they are of 'good character' to mitigate the consequences of their criminal behaviour.
"I want to thank Your Reference Ain't Relevant cofounders Harrison James and Jarad Grice for their tireless advocacy on this vital reform.
"It is another step the Government is taking to protect victim survivors and hold perpetrators to account."
Your Reference Ain't Relevant cofounder Harrison James said:
"As a survivor of child sexual abuse, I pursued this reform for the child who was told to be silent. Today, I stand proud to contribute to a historic shift in justice.
"This reform ensures survivors' lived trauma outweighs an offenders' social reputation, and I thank the Attorney-General and NSW Government for listening and acting on our campaign.
"This is one of the most monumental shifts in how the courts approach sentencing. After years of relentless advocacy, seeing it become reality is a dream come true."
Full Stop Australia CEO Karen Bevan said:
"Full Stop Australia supports this important reform and acknowledges the work of survivor advocates in raising awareness of this issue.
"The Your Reference Ain't Relevant campaign championed this change and worked tirelessly to achieve it.
"The court system is retraumatizing for many victim survivors of sexual assault who have sought accountability for the crimes committed against them.
"We heard over and again how much distress the use of character references in sentencing causing and we welcome this change."
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