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New South Wales is preparing to become the first jurisdiction in Australia to remove “good character” as a factor in sentencing hearings for all criminal offences, a reform welcomed by survivor advocates as a major shift in how courts weigh harm and accountability.
Legislation is expected this week after a review by the NSW Sentencing Council recommended ending the long-standing practice that allows judges to consider an offender’s reputation, community standing or positive testimonials after conviction. Until now, those factors could reduce an offender’s sentence — even when victims felt overlooked.
While NSW already has a “special rule” limiting good character references for child sexual offences, the proposed change would apply to every criminal matter before NSW courts.
The council found the concept of good character was “vague and uncertain”, lacked evidence that it lowered reoffending, and could retraumatise victims by drawing attention away from the harm caused and toward an offender’s social standing.
Harrison James, co-founder of Your Reference Ain’t Relevant and a survivor of child sexual abuse, called the reform “one of the most monumental shifts in how the courts approach sentencing”.
“Survivors’ lived trauma should outweigh an offender’s social reputation,” Mr James said.
NSW Attorney General Michael Daley said offenders should no longer be able to “use their reputations and social standing” to minimise their culpability.
“Victim survivors shouldn’t have to sit in court and hear the person who hurt them described as a ‘good person’,” Mr Daley said.
Judges will still consider rehabilitation prospects and likelihood of reoffending. However, a lack of previous convictions will no longer count as evidence of good character.
Local crime and courts: what the data shows
In the Hawkesbury, crime trends offer important context to the debate on sentencing:
- Local crime statistics show around 3,900 criminal incidents were recorded in the Hawkesbury City Council area in 2025, including theft, assault and property crime. Theft was the most commonly reported offence. While overall crime in the area is lower than the NSW average, incidents against people numbered over 1,200 and property crime topped 1,400.
- NSW court data shows that Local Courts finalised more than 140,000 matters statewide in 2024–25, a rise of nearly 8% on the previous year, with domestic violence-related cases making up more than a quarter of those finalisations. (BOCSAR)
These figures underline the volume of matters that pass-through courts each year, and the real community impact of how sentencing principles are applied.
Why this matters in close knit communities like Hawkesbury
The Hawkesbury is a close-knit region where reputation and personal networks are meaningful, both socially and in courtrooms. That can make sentencing especially sensitive when character references are used.
Local advocates and victim-survivors have said hearing glowing character references for someone who has harmed them, particularly in smaller communities can be deeply distressing and retraumatising.
The reform aims to ensure:
- Harm caused to victims remains central in sentencing decisions
- Social standing does not diminish accountability
- Sentencing is more consistent across regional and metropolitan courts
For many in the Hawkesbury, this change signals a shift toward a justice system that better balances community reputation with recognition of harm and accountability.
Not all legal groups supported the reform. Some argued that removing good character evidence could limit judicial discretion or risk injustice in unusual cases, and others said improving trauma-informed court processes should be the priority. However, the majority of the sentencing council supported the change, noting the existing “special rule” was inconsistently applied and hard to administer.
If passed, NSW will lead the nation in this sentencing reform, with advocates saying it brings the justice system a step closer to fairness for victim-survivors and the broader community.
