NSW’s government has announced plans to abolish good character evidence as a mitigating factor in sentencing, a move the state says will streamline decisions and reduce trauma for victim-survivors. The proposal, revealed this week, would apply to convicted offenders across New South Wales and seeks to shift emphasis to the nature of the crime and its impact rather than a defendant’s personal virtues.
The reform is framed as a response to concerns that relying on a defendant’s character can complicate judgments and retraumatise those impacted by the offence. While the exact legislative path is still to be announced, officials indicate the change would be implemented through targeted amendments to sentencing guidelines and related statutes, pending parliamentary scrutiny.
What we know
- The government intends to remove the consideration of “good character” as a factor in sentencing decisions.
- The reform would apply across NSW to all offenders subject to the state’s criminal justice system.
- Officials say the move aims to reduce trauma for victim-survivors and to focus on the offence and its effects rather than personal virtues.
- The proposal is positioned as part of broader sentencing reform efforts and public safety objectives.
- A concrete timetable for passage and implementation has not been publicly released, with details to come after consultation and parliamentary processes.
What we don’t know
- Whether transitional provisions will cover cases already underway or subject to appeal.
- How judges and juries will adjust to the absence of good character as a mitigating factor in sentencing guidance.
- Whether there will be carve-outs or exceptions for particular offences or age groups.
- What the net effect on sentence lengths might be across different categories of crime.
- What opposition or legal challenges may emerge as the reform moves through parliament.
Impact on victims and the justice system
Advocates say removing good character evidence could reduce the retraumatisation of victims who must relay painful details of offences in court. By foregrounding the offence and its impact, supporters argue sentences may better reflect harm caused, potentially improving perceived consistency in outcomes. Critics, however, caution that removing a broad mitigating factor might, in some cases, lead to longer or less nuanced sentences, especially where character evidence has been used to contextualise behaviour or risk. The policy is being assessed for its potential to balance accountability with fairness, while safeguarding evidence-led reasoning in sentencing deliberations.
Policy details and process
Officials emphasise that the reform is designed to clarify how sentences are shaped by the offence itself, not by a defendant’s character. If enacted, the changes would necessitate updates to sentencing guidelines, with training for judicial officers and prosecutors to ensure consistent application. The government has signalled a period of consultation, inviting feedback from legal practitioners, victim advocate groups, and the broader community before any final amendments are tabled for a vote. The broader policy agenda includes ongoing reviews of how mitigating factors are understood and weighed in NSW courts.
What comes next
As NSW prepares to debate the proposal, observers will be watching closely for the specifics of the legislative package, the scope of its application, and how any transitional provisions are crafted. The move raises questions about the balance between safeguarding victims, maintaining fair sentencing, and ensuring judges retain the ability to craft proportionate outcomes. In the coming weeks, hearings and submissions are expected to outline potential impacts on different crime types and communities across the state, particularly where trauma and harm are central to the justice process.
