Victim relief as key sentencing test to be abolished
Hearing a convicted criminal described as “good character” in a courtroom may soon be a thing of the past under a nationwide sentencing reform effort.
The NSW government will introduce legislation next week that will remove good character as a mitigating factor in all criminal cases.
Most states and territories have regulations that prevent most child sex offenders from relying on “good character” to reduce sentences.
But if the laws come into force on Wednesday, NSW will become the first state to cancel testing entirely, in a major overhaul of its criminal justice system.
The announcement follows recommendations released by the NSW Sentencing Council on Sunday and the tireless work of victim advocates.
“This is one of the most significant reforms to the NSW courts since no-fault divorce in 1976,” Your Reference Ain’t Relevant co-founder Harrison James told AAP.
“This reform shifts courts from privileging the social position of offenders to centering the lived experiences and trauma of survivors.”
Mr James, a survivor of child sexual abuse, and his co-founder Jarad Grice were on a three-year mission to repeal ‘good character’ mitigations across the country.
“I hope this shows every survivor and victim of crime that their voices matter and they can demand justice,” Mr James said.
Other mitigating factors, including the absence of previous convictions and the possibility of rehabilitation, will still be taken into account in sentencing decisions.
The 2017 child sexual abuse royal commission led most states to roll back protections for people who use their ‘good character’ to commit crimes.
However, no other jurisdiction has extended the elimination of good character beyond the scope of sexual offenses.
The state attorney general said the new sentencing guidelines will help prevent unnecessary trauma in courtrooms.
“Victim-survivors should not have to sit in court and hear the person who harmed them or their loved one described as a ‘good person,'” said Michael Daley.
The Sentencing Council report says using character in sentencing can contribute to social disadvantage because certain groups are more likely to benefit from it than others.
Wealthy and influential criminals have much greater access to positive character references, while those with mental disabilities are often left frozen.
With NSW being the first to act on blanket repeal, Mr James said other states and territories were seriously monitoring legislative developments.
“These crimes do not discriminate across state lines,” he said.
“We will fight tooth and nail to ensure this reaches every corner of the country.”
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