Good character at sentencing in NSW: what it means, how to use it effectively, and whether proposed reforms will change things
Good character is one of the most consistently argued and most practically significant mitigating factors in NSW sentencing. For a person who has no prior criminal history, who is well employed or engaged in positive community contributions, who has genuine family and community ties, and who is assessed as unlikely to reoffend, the combination of these factors can make a real difference to a sentencing outcome. It can be the difference between a conviction with a full-time custodial sentence and a more lenient outcome. It can shift the weight given by the court to rehabilitation as a sentencing objective. It can influence the assessment of general deterrence – whether the court treats the offending as part of a pattern requiring a strong deterrent signal or as an isolated aberration unlikely to recur.
But good character evidence is only as useful as the way it is presented. Many people who appear before sentencing courts with genuinely positive backgrounds fail to obtain the benefit of those backgrounds because the evidence was not properly assembled, the references were inadequate, and the submissions did not directly address the relevant legal considerations. This article explains what good character means in NSW sentencing law, how to present it effectively, and what the proposed Good Character Sentencing Bill 2026 may change if it passes into law.
What good character means in NSW sentencing law
Good character in sentencing refers to a constellation of subjective factors about the accused’s background and character that are relevant to the sentencing objectives and particularly to the assessment of rehabilitation and the risk of reoffending. The most important components are: the absence of prior criminal history, which is a significant factor indicating that the offending is aberrant rather than habitual; a positive employment or educational history demonstrating contribution and stability; evidence of positive personal qualities including honesty, reliability, and contribution to others; genuine family and community ties that provide support and accountability; and assessments – whether by clinicians, employers, or people who know the accused – that the risk of future offending is low.
The Crimes (Sentencing Procedure) Act 1999 (NSW) directs courts to impose the least restrictive sentence consistent with the statutory sentencing purposes and to consider all mitigating factors. The Judicial Commission of NSW identifies prior good character as a relevant mitigating consideration and the Judicial Commission sentencing statistics for most offence types show that first offenders with positive backgrounds consistently receive more lenient outcomes than those without.
How character evidence is presented in court
Character evidence is presented through several vehicles. Character references are the most commonly used and the most practically important. A character reference is a letter from someone who knows the accused well, who is aware of the offence for which the accused is being sentenced, who speaks directly to the accused’s qualities and character as observed over time, and who is prepared to say that the offending is inconsistent with the person they know. References from people of standing – employers, educators, community leaders, religious figures, long-term colleagues – carry particular weight. References that are formulaic, that appear to have been written without genuine knowledge of the accused, or that do not acknowledge the offending directly provide much less support and in some cases may actively undermine the sentencing submission.
Psychological and psychiatric assessments can provide clinical evidence of the accused’s background, mental state at the time of the offending, risk assessment, and rehabilitation prospects. Where a mental health condition has contributed to the offending, a clinical assessment that traces this connection and provides a treatment plan can significantly affect the weight given to rehabilitation as a sentencing objective. Employment records, educational certificates, evidence of community involvement, and records of treatment completed since the offending can all supplement the character reference material. The goal is to give the court the most comprehensive and credible picture of who the accused actually is beyond the facts of the offending.
The weight courts give to good character varies by offence type
Courts do not treat good character as carrying uniform weight across all offence types. The weight given depends heavily on the nature of the offending and its relationship to the accused’s character and background. For opportunistic property offences, situational violence, and offences where the prior positive character is genuinely inconsistent with the offending, good character may attract significant mitigation. For planned, sustained, or predatory offending – particularly where the accused used their social standing, professional position, or community reputation to access victims or facilitate the crime – courts give substantially less weight to character evidence. The logic is that the offending itself reflects a negative aspect of the accused’s character that must be weighed against the positive evidence presented.
This principle is most clearly articulated in the sexual offence context. Courts have long acknowledged that good character carries less weight in sexual assault sentencing, particularly where the accused used their position of trust or respect to gain access to the victim. The NSW Court of Criminal Appeal has addressed this in numerous decisions, and the principle is well established that the character evidence of a person who commits a serious breach of trust is weighed against the evidence of the breach itself.
The Good Character Sentencing Bill 2026
In 2026 a private member’s bill was introduced in the NSW Parliament – the Good Character Sentencing Bill 2026 – proposing to limit the circumstances in which previous good character can be used as a mitigating factor in sexual assault sentencing. The bill was motivated by a community view that character evidence in serious sexual offence matters can be experienced as re-traumatising by victims, that it can seem to discount the harm caused, and that where the accused used their social reputation or position of trust to commit the offending, reliance on that reputation as mitigation at sentencing compounds the injustice.
As at mid-2026, the bill had not been passed into law and its ultimate form and passage remained uncertain. The debate it generated, however, reflects broader questions about the role of character evidence in sentencing across a range of serious offences. Even where the bill does not pass in its proposed form, the policy discussion it represents is likely to influence both how courts approach character evidence in serious cases and how prosecutors address it in their sentencing submissions. Experienced defence counsel will need to address this evolving landscape in preparing sentencing submissions in appropriate cases.
Using good character most effectively
The practical lesson from both the legal framework and the proposed reforms is that good character evidence, to be maximally effective, must be genuine, specific, directly relevant to the sentencing considerations, and clearly distinguished from the offending conduct. Generic assertions of good character are less persuasive than specific evidence of specific positive contributions. Character references from people who can speak to specific matters – not just general impressions – are more useful than those that offer only conclusory assessments. And in cases where the offending itself appears inconsistent with the character evidence offered, directly addressing that apparent inconsistency in submissions – explaining what factors led to the offending and why they are unlikely to recur – is more effective than ignoring it.
Contact Us
At National Criminal Lawyers, we prepare comprehensive sentencing submissions that present subjective circumstances, including good character evidence, in the most effective way possible for the specific offence and the specific court. We understand what character evidence courts find persuasive and how to develop it effectively. Call us at 1800 CRIM LAW for a free consultation. Help us help you understand your situation and get you the best outcome possible.
