Victoria and New South Wales to Scrap Character References in Criminal Sentencing
In a significant legal reform, character references for perpetrators in court will soon be eliminated in Victoria and New South Wales. Victorian Premier Jacinta Allan announced the impending change on Friday, targeting criminal trials for serious offences such as rape and assault. The new legislation is scheduled to be introduced to parliament in the middle of the year, marking a pivotal shift in the justice system.
Ending the Use of Good Character as a Mitigating Factor
Currently, evidence of good character used as a mitigating factor in sentencing is already dismissed in cases of child sexual abuse in Victoria. However, this legislation will extend the rule system-wide, applying to all relevant crimes. Premier Allan emphasised the rationale behind the change, stating, "If you commit a crime like rape, you don’t have good character. And you don’t deserve glowing references. That’s why we’re scrapping so-called 'good character' references in sentencing." She added that victim-survivors are often forced to endure the trauma of hearing excuses and letters praising the very individuals who harmed them, as if being a "good bloke" could negate the violence perpetrated.
This reform follows high-profile cases where character references influenced sentencing outcomes. For instance, positive references were considered during the sentencing of Collingwood AFL superfan Jeffrey "Joffa" Corfe, who pleaded guilty in 2022 to sexually abusing a 14-year-old Melbourne boy when he was 44 years old. Judge Gerard Mullaly gave Corfe a wholly suspended 12-month sentence after hearing character references about Corfe’s "generosity and compassion." Corfe’s victim reported being traumatised not only by the abuse but also by the court process, including giving evidence in a committal hearing.
Addressing Trauma and Accountability in the Justice System
Victorian Attorney-General Sonya Kilkenny highlighted that without this legal change, the court process of sentencing further compounds trauma for victim-survivors. "Victim-survivors of crimes are having to sit in court and hear that the person who harmed them is a 'good person' – that compounds the trauma, diminishes their experience and can’t continue," Kilkenny said. She stressed that perpetrators must be held accountable for their crimes without excuses, aligning with a safety-first approach by the Labor government.
Premier Allan noted that this change is part of broader efforts to toughen laws for coercive control, stalking, and family violence. "Our justice system should never re-traumatise victims to protect the image of offenders. We’ll always stand with victims of crime and make it clear: violence has consequences and your safety comes first," she affirmed. The Victorian government clarified that courts will still be able to consider other factors during sentencing, such as the likelihood of reoffending, ensuring a balanced approach.
Historic Shift Extends to New South Wales
The same legal reform is also underway in New South Wales, representing a historic shift in justice across multiple states. The NSW government introduced an amendment to the Crimes (Sentencing Procedure) Act 1999 on February 4. Similar to Victoria, NSW confirmed that mitigating factors like prospects of rehabilitation and lack of previous convictions will still be considered, but character references will be abolished across the board.
Previously, a "special rule" in NSW restricted character references and factors such as a lack of previous convictions in child sexual abuse cases, but they were allowed for other crimes. This rule is now being repealed and replaced with a comprehensive ban on character references, irrespective of the crime committed. NSW Attorney-General Michael Daley explained that the change addresses concerns that character references perpetuate social disadvantage at sentencing, as their use is not equally available to all offenders.
Daley commended advocates like Harrison James and Jarad Grice, co-founders of Your Reference Ain’t Relevant, who campaigned for the reforms. James, a survivor of child sexual abuse, expressed pride in contributing to this historic shift, stating, "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 described it as one of the most monumental changes in how courts approach sentencing, achieved after years of relentless advocacy.
This reform underscores a growing emphasis on victim-centred justice and accountability, aiming to create a more equitable and trauma-informed legal system in both Victoria and New South Wales.
