New South Wales will become the first jurisdiction in Australia to remove “good character” from being considered during criminal sentencing, under legislation to be introduced this week.
Under the changes, offenders convicted of any crime will no longer be able to rely on positive character references, social standing or general reputation as mitigating factors when judges determine sentences.
The reform follows a review by the NSW Sentencing Council, led by retired Supreme Court judge Peter McClellan, which recommended abolishing the principle across all offences.
The review found the concept of good character was vague, lacked evidence as a predictor of rehabilitation, and could retraumatise victims, particularly in cases involving sexual abuse. It also raised concerns that the practice favoured wealthy or well-connected offenders.
NSW Attorney General Michael Daley said offenders should not be able to rely on reputation or status to minimise culpability.
Victim-survivors of sexual abuse welcomed the reform, describing it as a significant shift in how courts approach sentencing. Advocacy group Your Reference Ain’t Relevant said the change would prioritise harm suffered by victims over an offender’s social image.
However, some legal organisations warned the move could limit defendants’ rights and reduce judicial discretion. The Aboriginal Legal Service urged improvements to court processes without restricting sentencing principles.
Judges will still be able to consider prospects of rehabilitation, risk of reoffending and prior convictions, but these factors will no longer be framed as evidence of “good character”.
