‘Prior good character’ is a factor that has long been relevant to the sentencing exercise in appropriate cases (cf Section 21A(3)(e) and (f) of the Act and the common law). Its application must be understood in the context of the sentencing task, and our submission commences with a brief survey of the nature of the sentencing task with a focus on general principles of particular relevance to this submission. The submission then turns to briefly state the law governing the operation of good character as a mitigating factor. Next, the submission sketches existing limitations on good character as a mitigating factor in sentencing. The final two sections contain NSWCCL’s assessment of the continued importance of good character as a mitigating factor in sentencing, and its consequent recommendations.

We recommend:

1. The requirement that the offender's good character or lack of previous convictions, “was of assistance to the offender in the commission of the offence” should not be removed from s 21A(5A) of the Crimes (Sentencing Procedure) Act 1999.
2. Any reforms to clarify the application of principle should maintain the availability of good character as a mitigating factor in sentencing proceedings in appropriate cases.
3. The experience of victim-survivors in sentence proceedings could be improved through an appropriate explanation of the role of evidence of prior good character in the offender’s subjective case, including that it is not intended to diminish the gravity or moral blameworthiness of the offending.
4. The procedures for receiving good character evidence in sentencing proceedings should not be changed, and any reform should not unduly restrict material that informs the Court of an offender’s personal circumstances.

Read our submission here.