'Good character’ references no longer considered in sentencing sexual offences

‘Good Character’ references can no longer be considered in sentencing sexual offences

On 12 May 2026, a bill formally passed NSW Parliament to ban the consideration of ‘good character’ in sentencing for sexual offences.

In NSW courts, ‘good character’ evidence can be used as a mitigating factor to reduce an offender’s sentence.

The move follows a bill introduced earlier in the year, however, unlike the earlier proposal, good character can still be relied upon in sentencing for other offences, such as traffic offences and personal or domestic violence.

What is ‘Good Character’?

NSW Courts must consider an offenders ‘good character’ during sentencing if it is considered relevant.

Good character references or evidence can include a person’s reputation and history, criminal history (or lack of one), past achievements or awards that correlate to contributing to society.

This is written or given by someone who knows the offender, and can describe their ‘good character’.

The New Laws

The bill had several rounds of amendments, however was passed this week.

Originally, the proposal was to ban the use of good character references across all criminal offences.

However, this has been narrowed to just sexual offence cases only.

Judges can still choose whether to consider good character in references in domestic violence, murder, and other serious criminal cases.