Good Character Scrapped as a Sentencing Factor in NSW: What It Means for You

For decades, a person facing sentencing in NSW could point to prior good character, a clean history, community standing, references from employers or community leaders, as a reason for a court to hand down a more lenient penalty. That is no longer the case. NSW Parliament has passed legislation removing good character as a mitigating factor at sentencing, for every category of offence. If you or someone close to you is facing criminal proceedings, it matters to understand exactly what this change means and how it might affect the outcome of a case.

A Reform Two Attempts in the Making

This was not the Government’s first attempt at this reform. An earlier version of the bill passed the lower house but was watered down in the upper house, where opposition and crossbench members amended it so the change applied only to sexual offences rather than crime generally. The Attorney General reintroduced a fuller version shortly after, arguing the scaled-back version had been based on a misunderstanding of the policy’s intent. That second attempt succeeded, and the reform now applies across the board.

What’s Actually Changing

The reform amends the Crimes (Sentencing Procedure) Act 1999 (NSW), which sets out the mitigating factors courts can weigh to reduce a sentence, and the aggravating factors that can increase one. The key changes include:

• Good character is removed as a listed mitigating factor for all offences, not just sexual offences as under the earlier, narrower version of the law.
• The longstanding common law principle that courts should take good character into account is abolished outright.
• Evidence led solely to establish good character can no longer be considered at sentencing, though evidence led for other legitimate purposes still can be.
• Character is also removed as a consideration when a court decides whether to impose a conditional release order with a conviction, or dismiss a matter entirely without recording one.
• A separate reference to prior character in decisions about whether to set a non-parole period has been replaced with a broader reference to an offender’s antecedents, meaning relevant history can still be considered in that specific context.

A pre-existing rule that has applied since 2008 remains unchanged: courts sentencing child sexual offenders still cannot treat a lack of prior convictions as mitigating where that clean record helped the person commit their offence.

Why the Government Made the Change

Two main justifications were given for the reform. The first centres on victims, who campaigners argued should not have to sit through proceedings where character references paint a more sympathetic picture of the person who offended against them. The second is about fairness. A government-commissioned review found that the ability to demonstrate good character through references and community standing was far more accessible to privileged offenders than to those from disadvantaged or marginalised backgrounds, and asked why an offender’s reputation should function as a kind of discount on their sentence.

Not Everyone Agrees

The change did not pass without opposition. Legal bodies raised concerns that removing good character undermines individualised sentencing, the principle that a court should sentence the whole person, not just the offence. Aboriginal legal advocacy groups also opposed the reform, arguing that good character was not simply a marker of privilege, and that it had let courts properly recognise their clients’ genuine community contributions and connections. Despite this opposition, the reform ultimately passed with bipartisan support.

When Does This Apply?

The legislation does not commence immediately. It takes effect on a date set by proclamation, allowing time for courts and lawyers to adjust, or automatically 28 days after passing if no date is set. Once in force, it applies broadly: to offences committed before or after commencement, and to proceedings already underway when the change took effect. The law also requires a formal review two years after it commences, with a report due within the following year.

What This Means for You

If you are facing sentencing in NSW, character references and evidence of a spotless record will no longer, on their own, help reduce your penalty. Building a sentencing case now means leaning harder on the factors that remain available: genuine remorse, cooperation with authorities, prospects of rehabilitation, and the circumstances of the offence itself. The absence of a criminal record can still be relevant in its own right, separate from character, so it remains worth raising where it applies. In practice, courts still respond to a well-prepared account of what someone has done since the offence, even without the character evidence that used to accompany it. Getting the right advice on which mitigating factors still apply to your matter, and how to present them effectively, can make a real difference to the outcome.

How NS Criminal Lawyers Can Help

Sentencing law in NSW is changing, and it matters to have representation that understands exactly what a court can and cannot take into account under the new rules. Our experienced criminal lawyers can advise on how these reforms may affect your matter, help build the strongest sentencing case around the factors still available to you, and advise on whether you may be eligible for a Section 10 non-conviction order. Contact NS Criminal Lawyers for a confidential discussion about your situation.

This article provides general information only and is not legal advice. The law referred to is current in New South Wales as at the date of publication. For advice about your circumstances, please contact a qualified criminal defence lawyer.