‘Good character’ references to be abolished during sentencing in NSW

Convicted offenders will no longer be able to rely on “good character” references during sentencing hearings, after a review found they lacked value and were most likely to be used by those with privilege, status and wealth.

A NSW Sentencing Council report released last year found there was “no sufficient justification for allowing an offender’s good character to mitigate a sentence”.

The 126-page report concluded that use of the references was based on a vague and uncertain concept, lacked evidence demonstrating its value in predicting an offender’s risk of reoffending and chances of rehabilitation, re-traumatised and marginalised victim-survivors, and engaged in an “unjustified form of moral and social accounting”.

“We hold that it is generally white, middle-class men who most benefit from good character considerations,” a submission to the council from the Community Restorative Centre, which provides support services for people impacted by the criminal legal system, observed.

The legislation, being introduced on Wednesday, will make NSW a leading jurisdiction in this space, surpassing reform in Queensland and the ACT last year.

While several other Australian jurisdictions have abolished the use of character references during sexual offence cases, NSW’s laws will apply to all convicted offenders.

Good character references will still be applicable during the trial stage of proceedings.

Previously, NSW had a carve out – known as the “special rule” – that restricted good character considerations for child sexual offenders if their reputation helped them commit the crime, such as when the offender was a priest.

In late 2023, former MasterChef Australia contestant Paul Douglas Frost was found guilty of committing 43 sexual offences against 11 children over a decade while employed as their swim coach. During sentencing, he provided positive character references, including from his own mother and restaurateur John Fink, owner of the Fink Group. Frost was jailed with a 24-year non-parole period.

The legislative change follows years of advocacy by Your Reference Ain’t Relevant. In October 2023, NSW Greens MP Abigail Boyd introduced a petition circulated by the group to parliament, calling for the removal of good character references for paedophiles during sentencing of child sexual abuse cases.

Attorney-General Michael Daley thanked the group’s co-founders, Harrison James and Jarad Grice, for their advocacy, saying good character references should not be used by offenders to mitigate the consequences of their criminal behaviour.

“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 said.

“We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability.”

James heralded the reforms as a historically momentous shift in how courts approach sentencing, and “a dream come true”.

“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,” he said, thanking Daley and the state government.

“This reform ensures survivors’ lived trauma outweighs an offender’s social reputation.”

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