New South Wales has passed significant reforms that will prevent offenders from relying on their ‘good character’ as a mitigating factor when being sentenced for a criminal offence.
The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW) was passed by the NSW Parliament in June 2026. The reforms represent a major change in how character evidence can be used in sentencing proceedings.
The changes will apply across all criminal offences, including serious offences such as homicide, domestic violence offences and dangerous driving offences causing death.
However, the reforms have not yet commenced. The Act provides that the changes will commence on a date appointed by proclamation.
For anyone currently facing a sentencing hearing in NSW, it is therefore important to understand both the current law and what will change when the new provisions commence.
What is ‘good character’ in sentencing
Good character evidence is most often put before a court in the form of character references.
Character references for court are extremely important if you plan on pleading guilty.
References give people a golden opportunity to impress the court with how marvellous, hardworking, family- and community-oriented you are. The best references are written from the heart. When a person is convicted of a criminal offence, the court must determine the appropriate sentence by considering a range of aggravating and mitigating circumstances.
Historically, a person’s previous good character could be relevant to that assessment.
Good character evidence may include information about a person:
- reputation within their community;
- employment and professional history;
- relationships with family and friends;
- involvement in community or charitable activities;
- previous law-abiding conduct; and
- lack of previous criminal convictions.
This evidence is commonly presented through character references from employers, family members, friends, colleagues, community leaders or other people who know the offender.
The purpose of this evidence has traditionally been to give the sentencing court a broader understanding of the person being sentenced and, in appropriate cases, demonstrate that the offending was out of character.
Under the existing sentencing framework in NSW, good character is recognised as a mitigating factor. However, that position is changing.
What has changed?
The NSW Government initially proposed removing good character as a mitigating factor for just sex offences. However, the sentencing council recommended removing good character as a mitigating factor for all offences.
The NSW Government subsequently introduced legislation to implement these recommendations, which has ultimately been passed in parliament.
The NSW Government has described the reform as the end of the ability for an offender to rely on a ‘good character’ defence when being sentenced.
Does this mean character references are completely banned?
The reforms do not necessarily mean that a person can never provide information about their background, relationships, employment or personal circumstances to a sentencing court. The significant change is that good character can no longer operate as a mitigating factor.
Evidence about a person’s circumstances may still be relevant where it relates to another legitimate sentencing consideration. For example, the sentencing court may continue to consider matters such as:
- Prospects of rehabilitation,
- Likelihood of reoffending,
- Remorse, A person’s age and personal circumstances,
- An early guilty plea.
The abolition of good character does not mean that a person’s lack of prior convictions becomes irrelevant.
Evidence about the person’s circumstances may need to be directed towards matters that remain relevant to sentencing, such as rehabilitation, remorse, treatment, employment, family responsibilities or the likelihood of reoffending.
Why has NSW made this change?
The reform has been driven by several concerns, including:
- Protecting victim-survivors,
- Addressing inequality,
- Making sentencing more focused.
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