NSW to Abolish ‘Good Character’ in Sentencing, Prioritizing Survivor Trauma
New South Wales is set to become the first Australian state to remove “good character” as a mitigating factor in sentencing for all crimes, a landmark decision hailed by survivors of sexual abuse but criticized by some legal experts as potentially infringing on defendants’ rights. The legislation, to be introduced on Wednesday, follows a recommendation from a state sentencing council review released on Sunday, marking a important shift in the approach to criminal justice in the region.
The changes address long-standing concerns that positive character references – detailing a defendant’s reputation,prior record,and contributions to society – can inadvertently minimize the harm caused to victims and perpetuate social inequalities. Under current NSW laws, a “special rule” already exists for child sex offenders, preventing them from relying on good character if the court believes such factors aided in the commission of the crime.
“Survivors’ lived trauma outweighs an offender’s social reputation,” the article states. NSW Attorney General michael Daley echoed this sentiment, stating, “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.'” He affirmed that the reforms aim to prevent offenders from “using their reputations and social standing to commit serious crimes and then minimise their culpability.”
However, the move isn’t without its detractors. While the majority of the 16-person sentencing council supported the abolition of good character considerations,two members dissented,arguing that removing the principle entirely was “reactive to populist demands for … a more severe approach to sentencing.” They maintained that good character can be a valuable indicator of potential for rehabilitation, especially in exceptional circumstances.
The Aboriginal Legal Service also raised concerns, recommending that the government focus on improving the experiences of victim-survivors through procedural changes and support systems, rather than infringing “on the rights of the defendant or the judicial discretion of sentencing courts.” They highlighted the need for trauma-informed and culturally safe processes, particularly for Aboriginal victim-survivors.
Despite these concerns, the government is proceeding with the reforms, acknowledging that good character evidence can perpetuate social disadvantage. Submissions to the review indicated that individuals with strong social connections and financial resources often have greater access to favorable character references. The Community Restorative Centre noted that “it is generally white, middle-class men who most benefit from prior good character considerations.”
The changes will not prevent judges from considering a defendant’s prospects for rehabilitation or likelihood of reoffending, nor will they eliminate the consideration of a lack of prior convictions – but the latter will no longer be interpreted as evidence of “good character.”
The case of Paul Frost, a Sydney swim coach convicted in 2023 of grooming and sexually abusing 11 students, highlighted the issues the reforms seek to address. Frost received character references from prominent figures, including his mother and a restaurateur, who described him as hardworking and devoted. Speaking after the sentencing, James expressed hope that Frost’s 24-year prison sentence would set a precedent for similar cases.
Other Australian jurisdictions are also re-evaluating the role of character references in sentencing. The Australian Capital Territory is moving to eliminate character references in sentencing for sexual offenses against children, while queensland removed good character considerations for all sexual offenses last year, following Tasmania’s lead in 2016.
The reforms in NSW represent a significant step towards prioritizing the needs and experiences of victims while acknowledging the potential for systemic biases within the criminal justice system.
Resources for Support:
- Kids Helpline (Australia): 1800 55 1800
- Blue Knot Foundation (Australia): 1300 657 380
- NSPCC (UK): 0800 1111
- Napac (UK): 0808 801 0331
- Childhelp USA: 800-422-4453
- Child Helpline International: https://www.childhelplineinternational.org/
