Law courts, New South Wales, NSW court.
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The NSW government will abolish the use of good character references during sentencing hearings in all criminal trials.
Proposed legislation will prevent convicted offenders from relying on evidence from character references in court sentencing in a bid to reduce trauma for victims, following recommendations from the NSW Sentencing Council.

Currently, individuals convicted of child sexual offenses cannot use their “good character” or a clean record to their advantage if these traits facilitated the crime—a regulation known as the special rule.

Law courts, New South Wales, NSW court.
Proposed legislation will stop convicted offenders from relying on evidence from character references in court in NSW.(Sam Mooy)

“This legislative change prioritizes the trauma experienced by survivors over any social standing of the offender. I am grateful to the attorney-general and the NSW government for heeding our advocacy efforts,” he stated.

“This marks a significant transformation in judicial sentencing practices. After persistent campaigning, witnessing its implementation feels like a long-awaited achievement.”

NSW Attorney-General Michael Daley emphasized that offenders can no longer leverage their reputation to lessen their accountability.

“Survivors should not have to endure court proceedings where those who harmed them are portrayed as ‘good people,'” Daley remarked.

“No criminal should be able to use ‘good character’ as a shield against the repercussions of their actions.”

The NSW government is set to introduce the Australian-first legislation on Wednesday.

Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).

Kids Helpline 1800 55 1800. 

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