NSW abolishes 'good character' defence in sentencing for all offences
On 19 June 2026, the New South Wales (NSW) Parliament passed groundbreaking legislation abolishing the use of 'good character' as a mitigating factor in sentencing for all offences. This reform extends previous measures that removed the 'good character' defence in sexual offence cases to now encompass all criminal offences, including homicide, domestic violence, and road crimes.
Details of the Legislative Change
The new law ensures that convicted offenders can no longer argue for reduced sentences based on their prior good character. This move aims to prevent situations where individuals who commit serious crimes receive lighter sentences due to their previous reputations, which has been a point of contention and distress for victims and their families.
Background and Advocacy
The reform follows extensive public consultation and recommendations from the independent Sentencing Council. Advocacy groups, including Your Reference Ain’t Relevant and the Homicide Victim Support Group, have been instrumental in pushing for this change, highlighting the trauma inflicted on victims when offenders receive leniency based on prior good character.
Government and Community Response
Attorney General Michael Daley emphasized the significance of this reform, stating, "The passage of these laws spells the end of the mere 'good character' defence. But I'm not done. Every survivor in every corner of this country deserves the same protection, and I will fight until every jurisdiction reflects that. NSW was first. The rest will follow."
Community leaders and victim support groups have lauded the legislation as a major step forward in ensuring justice and fairness in the legal system. Martha Jabour, CEO of the Homicide Victims’ Support Group, expressed gratitude that families of homicide victims can now be spared the anguish of hearing about the good character of individuals convicted of such crimes.
Implications for the Legal System
This reform is expected to have a profound impact on sentencing practices in NSW, ensuring that sentences reflect the severity of the offence without being influenced by the offender's prior character. It sets a precedent that may influence other jurisdictions to adopt similar measures, reinforcing the principle that justice should be impartial and focused on the offence itself.
The legislation marks a significant shift towards prioritizing the experiences and rights of victims in the sentencing process, aiming to provide a more equitable and just legal system for all.
