NSW Parliament has passed laws abolishing ‘good character’ as a mitigating factor at sentencing across all criminal offences. The reforms cleared the Legislative Council on the night of Thursday 4 June 2026, as announced by the NSW Government on 5 June 2026. Once the changes commence, a person being sentenced will no longer be able to argue for a lighter sentence on the basis that they are otherwise of good character.
This is a significant change to how sentencing works in New South Wales. If you are facing a criminal charge or a sentencing hearing, it is important to understand what the reform does, and what it does not do.
What Is ‘Good Character’ Evidence In Sentencing?
When a person is convicted of a criminal offence and proceeds to sentencing, NSW courts have been able to consider ‘good character’ as one of several mitigating factors when deciding the appropriate sentence. These factors are set out in section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
‘Good character’ can encompass a person’s reputation in the community, their standing among family, friends and colleagues, and evidence of meritorious conduct such as charitable work or contributions to their profession. In practice, this evidence is typically presented through written character references submitted on behalf of the person being sentenced.
Where good character was found to be relevant and established, it could justify imposing a less severe sentence than the court might otherwise consider appropriate, though it never guaranteed any particular reduction.
The Existing Rule For Child Sexual Offences
Before this reform, a specific restriction already applied to sentencing for child sexual offences. Under section 21A(5A) of the Crimes (Sentencing Procedure) Act, evidence of a person’s good character or lack of previous convictions must not be treated as mitigating if those features assisted them to commit the child sexual offence, for example by helping them gain or maintain a position of trust with the victim. This was known as the ‘special rule’.
The special rule was introduced following recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, which found that people in positions of trust had exploited their good reputations to gain access to victims. The NSW Government subsequently extended a similar restriction to a wider set of sexual offences. The reform passed in June 2026 goes further again, applying a consistent standard across all offending.
What The Reform Changes
The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW) amends section 21A to:
- Remove ‘good character’ as a mitigating factor that can reduce a sentence across all criminal offences, including homicide, domestic violence offences and road crimes that cause death
- Apply a consistent standard across all offending, rather than a specific rule limited to sexual offences
- Confirm that a lack of previous convictions must not be treated as proof of ‘good character’, while preserving the fact that having no prior convictions can still be considered as a mitigating factor in its own right
The change follows recommendations made by the independent NSW Sentencing Council in its Report on Good Character at Sentencing, which was transmitted to the Attorney General in July 2025 and publicly released on 1 February 2026. The Sentencing Council recommended removing good character as a mitigating factor for all offences, not just sexual offences, on the basis that it was vague, was not equally available to all people being sentenced, and retraumatised victim-survivors who had to sit in court and hear character evidence about the person who harmed them.
How The Reform Passed
The reform did not pass in a straight line. An earlier version was amended in the Legislative Council, where the Coalition voted with the Greens to water the reforms down and retain ‘good character’ as a mitigating factor for all offences except sexual offences, with the court left to decide how much weight to give it.
The NSW Government reintroduced the legislation in its original form. The Liberals and Nationals then dropped their opposition, and the full reform passed on 4 June 2026. Attorney General Michael Daley described the outcome as spelling “the end of the mere ‘good character’ defence.”
The reform was supported by a full public consultation and by advocates including Your Reference Ain’t Relevant, the Homicide Victims’ Support Group and the Road Trauma Support Group.
What factors can courts still consider?
The reform does not remove all mitigating factors from sentencing. Courts will still be able to consider a range of matters within the framework of section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW), including:
- A person’s prospects of rehabilitation
- The likelihood of reoffending
- The fact that a person has no prior convictions (as a separate mitigating factor)
- An early guilty plea
- Genuine remorse and steps taken towards rehabilitation
- A person’s age, health, and personal circumstances
In other words, the sentencing court will continue to weigh a wide range of factors. What changes is that a person’s general reputation or standing will no longer count in their favour as a distinct mitigating factor.
When Does The Change Take Effect?
The legislation has passed both houses of NSW Parliament. The amendments commence on a date to be appointed by proclamation, so the exact date the new provisions begin to apply is fixed separately from the date the reform passed.
This timing matters. Whether the old law or the new law applies to a particular sentencing hearing can depend on when the change commences. If you have a matter on foot, you should obtain current advice on whether the reform applies to your circumstances rather than assuming either position.
The NSW Bar Association had publicly raised concerns about the changes during the parliamentary process, submitting that sentencing should involve an assessment of the whole person, and that prior good character has traditionally been treated as relevant to whether an offence was an aberration in an otherwise law-abiding life. That view did not prevail, and the reform has now passed.
What This Means If You Are Facing Sentencing
If you are currently facing criminal charges or awaiting a sentencing hearing in NSW, this reform may affect how your matter is approached. Character references and evidence of good reputation have long been a standard part of sentencing submissions. As the new law commences, the emphasis will shift towards the factors that remain available, such as rehabilitation, remorse, an early plea, and personal circumstances.
Sentencing in NSW is a complex area of law. The weight given to any factor depends on the nature of the offence, the circumstances of the offending, the individual’s background, and the discretion of the presiding judge or magistrate. Getting advice specific to your situation is the best way to understand how the current law applies to you.
Speak To Our Sydney Criminal Defence Lawyers Today
If you are facing sentencing or criminal charges in New South Wales, do not wait. The law is changing and the advice you receive now can make a real difference to the outcome of your matter.
O’Brien Criminal and Civil Solicitors are available now:
Call 02 9261 4281 our firm.
Sidnie Sarang is a multi-faceted lawyer who is passionate about justice. Sidnie practices across criminal defence law, fair trading, and commissions of inquiry including crime commissions and royal commissions.
