NSW abolishes Character references in Sentencing matters for sexual offences
The NSW government passed the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (which amended s 21A(3)(f) Crimes (Sentencing Procedure) Act 1999 (NSW)) eliminating good character as a mitigating factor for individuals convicted of sexual offences.
Why this matters?
Prior to sentencing, good character references are normally obtained for the offender by people who know of them such as parents, siblings, employers, colleagues, friends, neighbours etc. An offender is normally considered to have ‘good character’ having had no prior convictions or an insignificant criminal record. Possessing ‘good character’ ordinarily equates to having led a crime free lifestyle with references in submissions made in support of behaviour that is ‘out of character’.
What this means for criminal lawyers?
Good character references in sexual offences will no longer be permitted.
However, while good character references will no longer serve as a mitigating factor for individuals convicted of sexual offences, factors below will still be taken into account:
- a lack of previous convictions
- a lack of previous similar convictions
- good prospects of rehabilitation
- low risk of reoffending
- remorse
Will good character be removed for all offences?
At the present time, no. Character references will still be relied upon for other offences.
