The End of ‘Good Character’: Why Your Clean Record Might No Longer Reduce Your Sentence in NSW
For decades, one of the most powerful tools in a criminal lawyer’s arsenal was the “Good Character” reference. If you had spent your life volunteering, held a steady job, supported your family, and had no prior run-ins with the law, a Magistrate or Judge would take that into account. It often meant the difference between a prison sentence and a community-based order.
However, as of early 2026, the legal landscape in New South Wales has shifted dramatically. With the introduction of the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026, the rules have changed. The “Good Character” defence, once a staple of the courtroom, has been significantly curtailed, and in many cases, abolished.
But is it fair to ignore a lifetime of positive contribution because of one mistake? Should the court treat a first-time offender the same as someone with a long history of non-compliance?
What is the ‘Good Character’ Reform?
The 2026 reform is the culmination of a long-running debate in the NSW justice system. Historically, Section 21A of the Crimes (Sentencing Procedure) Act 1999 allowed a court to consider a defendant’s “good character” as a mitigating factor. This meant that if you could prove you were generally a “good person,” your sentence could be reduced.
The new legislation, however, effectively removes “good character” as a standalone reason for a more lenient sentence. This expansion follows the earlier “Special Rule” which already applied to child sexual offences. Now, the government has decided that this restriction should apply more broadly across all criminal offences.
According to the NSW Government’s official media release, the primary goal is to ensure that sentencing is based on the crime itself and the risk to the community, rather than the social status or reputation of the offender.
The ‘Wealthy Defendant’ Problem: Why the Law Changed
One of the driving forces behind this change was the perception of inequality. Critics of the old system argued that “good character” evidence often favoured wealthy, well-connected, or high-profile defendants.
Think about it: who is more likely to have a stack of glowing Character References from prominent community members? Is it a CEO who has donated to local charities, or a young person from a disadvantaged background who has spent their life struggling to find steady work?
The NSW Sentencing Council, in their 2026 Report on Good Character, noted that the reliance on character references often inadvertently punished those from marginalized communities. By abolishing this factor, the government argues they are “levelling the playing field.”
But we must ask: by removing the reward for being a “good citizen,” are we actually making the system more just, or just more punitive?
What is Left? Understanding Mitigating Factors in 2026
It is important to understand that while “good character” is no longer a formal mitigating factor, the court hasn’t completely closed its eyes to a person’s background.
Under the updated Crimes (Sentencing Procedure) Act 1999 (AUSTLII), a Judge or Magistrate can still consider:
- A Lack of Previous Convictions: Having a “clean record” is still relevant, though it is no longer called “good character.”
- Prospects of Rehabilitation: If you can show that you have taken steps to address your behaviour (such as attending counselling), this remains a strong argument for a lighter sentence.
- The Nature of the Offence: The specific circumstances of the crime will always be the primary focus of the court.
If you are Pleading Guilty to an offence, your lawyer will now need to focus much more heavily on these specific technical factors rather than relying on general reputation.
The Media Debate: Justice vs. Fairness
The media coverage of the 2026 Bill has been polarized. Some commentators argue that the law was “long overdue,” citing high-profile cases where “pillar of the community” types received what many considered to be “slaps on the wrist” for serious crimes.
On the other hand, civil liberties groups have raised concerns that the law is a step toward “formulaic sentencing.” They argue that a person’s life is more than just a single criminal act, and that the justice system should have the discretion to recognize when a crime is truly “out of character.”
Is a person the sum of their best deeds, or is their character defined by their worst mistake? This is the central question that the NSW courts will be grappling with throughout the coming years.
How this Affects Your Legal Strategy
If you find yourself facing the court, the strategies that worked two years ago may no longer be effective. You can no longer simply walk into court with a pile of references and expect a Section 10 dismissal (no conviction recorded) based on your career or community standing.
Today, a successful Sentencing hearing requires a much more nuanced approach. At National Criminal Lawyers, we are adapting to these 2026 changes by focusing on:
- Detailed Subjective Analysis: Moving beyond “reputation” to look at underlying factors like mental health, trauma, or genuine remorse.
- Rehabilitation Evidence: Providing the court with hard evidence of change, such as completion of drug and alcohol programs or psychologist reports.
- Legal Precedent: Using the latest 2026 rulings to argue how the “lack of prior convictions” should be weighted in the absence of the old good character rule.
Sourcing the Facts: The Judicial Perspective
To get a sense of how serious these changes are, one only needs to look at the NSW Judicial Commission’s Sentencing Bench Book. This is the “manual” used by Judges across the state. The 2026 updates have significantly rewritten the sections on mitigation, moving the focus away from “character” and toward “risk assessment.”
The Attorney General, Michael Daley, made it clear in his Second Reading Speech that the era of using social standing as a shield in criminal proceedings is over. The law now demands a stricter adherence to the principle of “proportionality“, meaning the punishment must fit the crime, regardless of who is in the dock.
Conclusion: A New Era for NSW Courts
The abolition of “good character” as a mitigating factor is one of the most significant changes to NSW criminal law in a generation. While intended to create a more equitable system, it also places a much heavier burden on defendants to prove why they deserve leniency.
As we navigate this new legal territory in 2026, it is more important than ever to have a legal team that stays ahead of the legislative curve. The “Digital Skeleton” and the end of “Good Character” mean that every aspect of your life—online and offline—is under the microscope.
What do you think? Should a person’s good deeds be wiped clean the moment they commit a crime, or should the court always look at the “whole person“?
If you or a loved one are facing charges and want to know how these new sentencing laws will affect your case, contact National Criminal Lawyers® today for a consultation.
