NSW Gov
Victim-survivors of crime will be better protected following the passage of the Minns Labor Government’s reforms abolishing ‘good character’ as a mitigating factor at sentencing for all offences.
Legislation abolishing ‘good character’ as a mitigating factor for all offences including homicide, domestic violence and road crimes passed the Legislative Council on Thursday night.
It ensures convicted offenders will no longer be able to argue their sentence should be mitigated because they are of otherwise ‘good character’.
After the Government passed legislation preventing people convicted of sexual offences from relying on ‘good character’, this reform extends that protection to all offences.
The bill’s passage follows the Liberals and Nationals abandoning their earlier opposition to the reforms.
They earlier voted with the Greens to water down the reforms and retain ‘good character’ as a mitigating factor for all offences except sexual offences, with the court allowed discretion about whether to give it weight.
This meant that convicted murderers, domestic abusers and dangerous drivers who kill people could still argue they should get a lesser sentence because of their ‘good character’.
But the Government refused to give up on this reform and reintroduced legislation to Parliament, prompting the Coalition to drop its opposition.
The reform was supported by a full public consultation and recommended by the independent Sentencing Council.
The Government thanks Your Reference Ain’t Relevant cofounders Harrison James and Jarad Grice, the Homicide Victim Support Group’s Martha Jabour and Road Trauma Support Group’s Duncan Wakes-Miller for their tireless advocacy for this reform.
The Sentencing Council recommended ‘good character’ be removed as a mitigating factor for all offence, not just sexual offences, because it was vague, not equally available to all offenders and retraumatised victim-survivors.
Attorney General Michael Daley said:
“The passage of these laws spells the end of the mere ‘good character’ defence. Victim-survivors and their loved ones will no longer be forced to sit in court and hear the person convicted of a heinous crime be described as an otherwise good person.
“While I’m glad we’re finally here, it should not have taken so long for the Liberals and Nationals to listen to victim-survivors and their advocates and drop their opposition to these reforms.
“I am grateful to Harrison James and Jarad Grice from Your Reference Ain’t Relevant, and the Homicide Victim Support Group and Road Trauma Support Group, for their tireless advocacy to create a fairer, less traumatising justice system.”
Your Reference Ain’t Relevant Cofounder Harrison James said:
“Almost four years ago I chose to speak publicly as a survivor of child sexual abuse. Today, that decision has produced nation-leading reform. This win belongs to every survivor in this country.
“These reforms mean no survivor in NSW will have to sit in a courtroom and hear their abuser praised as a good person. That is hard-won dignity. 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.”
Homicide Victims’ Support Group CEO Martha Jabour said:
“Crimes which involve the taking of another person’s life are the most heinous. The trauma for victim-survivors is multi-generational and far reaching.
“We are grateful that the family members of homicide victims can now be spared the further anguish of being forced to listen to associates expound the good character of the individual who has been convicted of that crime.
“This reform sends a clear message that the voices, dignity and ongoing trauma of victim-survivors must never be mitigated or overshadowed. We thank the Minns Government for their commitment to this reform and, most importantly, their commitment to victims.”
Road Trauma Support Group Deputy Chair Duncan-Wakes Miller said:
“This reform ends the practice of serious offenders using ‘good character’ references to soften the consequences of road deaths caused by criminal acts. There are moments in public life where politics can deepen division. Then there are moments where leadership rises above it. This is one of them.”
/Public Release. View in full here.
