The NSW Labor government says it will move on Wednesday to introduce amendments to the Crimes (Sentencing Procedure) Act 1999 abolishing ‘good character’ as a mitigating factor for all offences and repealing the associated ‘special rule’ for good character.
The government says the uniform approach to sentencing will help ensure the law is clear and consistent and comes following advocacy by Your Reference Ain’t Relevant cofounders Harrison James and Jarad Grice, as well as recommendations from the NSW Sentencing Council’s review of ‘good character’ as a mitigating factor at sentencing.
Courts will still be able to consider evidence relating to relevant factors such as someone’s prospects of rehabilitation and the likelihood of reoffending, the government’s announcement reads.
A lack of previous convictions also will be retained as a mitigating factor, the statement reads, but this will not be able to be used to demonstrate someone is of ‘good character’.
The government says the change will reduce trauma for victim survivors who will no longer have to hear their perpetrator described as someone of ‘good character’ in court.
The abolishment also responds to concerns that ‘good character’ evidence perpetuates social disadvantage at sentencing, the government says, because its use is not equally available to all offenders.
Offenders use social standing to minimise guilt, says AG
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.
‘We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability,’ Attorney General Michael Daley was quoted saying.
‘No offender should be able to rely on the fact they are of “good character” to mitigate the consequences of their criminal behaviour,’ he said.
Survivor advocacy groups welcome proposal
Your Reference Ain’t Relevant cofounder Harrison James was quoted saying, as a survivor of child sexual abuse, he pursued the reform ‘for the child who was told to be silent’.
Full Stop Australia CEO Karen Bevan was also quoted saying the organisation was in support of the reform.
‘The court system is retraumatizing for many victim survivors of sexual assault who have sought accountability for the crimes committed against them,’ Ms Bevan said.
The government did not mention how the proposal might impact offenders of non-violent crimes.
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