NSW Good Character Sentencing Bill: A significant shift in NSW sentencing law is currently before parliament, and a public hearing is taking place that could determine its fate.
The Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026 proposes to remove “good character” as a mitigating factor at sentencing for all criminal offences in New South Wales. If passed, the Bill proposes to remove ‘good character’ as a formal mitigating factor at sentencing for all criminal offences in NSW, and would no longer allow courts to treat that consideration as a statutory mitigating factor.
In this article, we are going to explain what the NSW Good Character Sentencing Bill proposes and why it has been introduced. We’ll also discuss what the legal profession is saying about it, including our firm, and what it means if you are currently facing criminal charges in NSW.
What Is “Good Character” Evidence In NSW Sentencing?
Character evidence refers to information about a person’s reputation, history, or general disposition that is placed before the court. In a sentencing context, it is used to give the judge a fuller picture of who the defendant is, beyond the offence itself. Character evidence can influence both the severity of the penalty imposed and whether a custodial sentence is appropriate at all.
When a person is convicted of a criminal offence and proceeds to a sentencing hearing, the court considers a range of factors before determining the appropriate penalty. These factors, known as mitigating and aggravating factors, are set out in section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
“Good character” is one of those mitigating factors. It allows a defendant to place evidence before the court demonstrating their reputation, their standing in the community, and positive contributions they have made throughout their life. In practice, this evidence typically takes the form of:
- Written character references from employers, colleagues, community leaders, or family members
- Testimony about charitable work, professional achievements, or community involvement
- Evidence that the offence was an isolated incident inconsistent with an otherwise law-abiding life
- The defendant’s lack of any prior criminal history
The High Court confirmed the principle’s legal weight in Ryan v The Queen [2001] HCA 21, finding that good character at common law must be applied where relevant. For decades, experienced criminal defence lawyers have used this evidence to meaningfully influence sentencing outcomes, particularly for first-time offenders facing non-custodial penalties.
Opinion From Our Lawyers On The NSW Good Character Sentencing Bill
Wilson Tighe, our Senior Associate and top criminal defence solicitor at O’Brien Criminal & Civil Solicitors, has shared the following opinion on the Bill, stating:
“The character of an accused person remains a central consideration in any sentence proceeding. It is critical that a court have insight and a reflection of an accused person when determining appropriate sentencing penalties. A complete picture of an individual and their character is important to the nature and construction of sentence outcomes, many of which are outside of a custodial environment and require considerations of offender rehabilitation and interactions by offenders with government and public resources, such as community corrections and parole.
Whilst the reform does not prevent an offender from presenting information about their background and circumstances, it limits the way this information can be used. Through the reform, good character can no longer be regarded as a matter of mitigation to reduce a sentence outcome.
There is much debate as to the reform and its broad scope to apply to all sentence proceedings in NSW. I agree the reform in its current form is too broad and an overreach, particularly when reference is made to the NSW Sentencing Council report, background to the reform and reviews in other jurisdictions, in the context of the consideration of good character in sentencing for sexual assault and child sexual abuse offences.”
What Does The NSW Good Character Sentencing Bill 2026 Propose?
Introduced to NSW Parliament on 3 February 2026, the Bill follows recommendations made by the NSW Sentencing Council in its report on Good Character at Sentencing. This was transmitted to the Attorney General in July 2025 and publicly released on 1 February 2026.
The Good Character Sentencing Bill 2026 proposes three key changes:
1. Removing any statutory recognition of good character as a mitigating factor at sentencing across all criminal offences.
This removes the consideration from both statute and common law, meaning no defendant in NSW, regardless of the nature of the charge, could rely on good character to reduce their sentence.
2. Repealing the existing “special rule” for child sexual offences.
Under the current law, defendants convicted of child sexual offences cannot rely on good character if that character was used to facilitate the offence. The Bill removes this specific provision and replaces it with a blanket ban applying to all criminal matters.
3. Amending sections 9 and 10 of the Crimes (Sentencing Procedure) Act
Removing any reference to an offender’s “character” from the factors courts must weigh before making good behaviour bonds or conditional release orders.
Importantly, courts would still be able to consider evidence relating to rehabilitation prospects, likelihood of reoffending, mental health, hardship, and absence of prior convictions, but that evidence could no longer be characterised or weighed as “good character.”
Why Is The NSW Government Introducing This Reform To The NSW Good Character Sentencing Bill?
In particular, the Bill has been championed by NSW Attorney General Michael Daley. It is also strongly supported by victim advocacy groups, most prominently the Your Reference Ain’t Relevant campaign, co-founded by childhood abuse survivors Harrison James and Jarad Grice.
The NSW Department of Communities and Justice has identified two primary policy goals behind the legislation.
Reducing Re-Traumatisation For Victim-Survivors
Under the current law, victim-survivors of serious offences, including sexual assault and domestic violence, are often required to sit in court and listen to glowing character evidence about the person who harmed them.
In some cases, perpetrators of sexual abuse are described by colleagues, community leaders, and friends as generous, respected, and upstanding. For many survivors, this experience is deeply distressing and compounds the harm already suffered.
The reform directly addresses this by removing the framework that makes such evidence formally relevant to sentencing at all.
Addressing The “Privilege Discount”
The second rationale concerns equity. Submissions to the Sentencing Council have suggested that certain privileged groups benefit more often from the use of character‑reference‑based mitigation. A young person from a disadvantaged background, with fewer formal connections and less community visibility, often cannot.
In this sense, the current law may entrench social inequality in sentencing outcomes rather than remedy it.
What Are The Concerns About The NSW Good Character Sentencing Bill?
Unsurprisingly, the Bill has attracted substantial opposition from within the legal profession, with the public hearing held at Parliament House in Sydney bringing those concerns into sharp focus.
The NSW Bar Association’s Position
The NSW Bar Association has publicly opposed the Bill, submitting that sentencing must involve an assessment of the whole person, not simply the offence. Its president, Dominic Toomey SC, gave evidence at the hearing that every day across NSW courts, offenders from disadvantaged backgrounds rely on good character evidence to place their full circumstances before the court.
The Bar Association’s position is that where a criminal offence is genuinely an aberration in an otherwise law-abiding life, the court should be entitled, and indeed requiredm to take that into account. Removing this entirely risks producing sentencing outcomes that are more rigid and less responsive to individual circumstances.
The NSW Law Society
The NSW Law Society has raised similar concerns, noting that sentencing has never simply been about producing a list of references from well-connected individuals. The purpose of character evidence is to help a court understand who a person is, not merely what they did.
The Aboriginal Legal Service
The Aboriginal Legal Service recommended against an outright ban during the Sentencing Council process, favouring alternative procedural approaches. The concern is that Aboriginal defendants, who already face significant systemic disadvantages within the criminal justice system, rely on character evidence in ways that go well beyond social privilege, and that removing it entirely may worsen rather than improve their outcomes at sentencing.
What The Reform Does And Does Not Change
It is worth being precise about the practical effect of the Bill, because there is some misunderstanding in public commentary.
What Would Change:
- Good character could no longer be presented as a formal mitigating factor to reduce a sentence
- Evidence that a defendant is well-regarded in their community, has no prior record, or has made meritorious contributions to society could not be used in the same way as before
- The framing of sentencing submissions would need to change significantly
What Would Remain Available In The NSW Good Character Sentencing Bill:
- Evidence of rehabilitation prospects and likelihood of reoffending
- Mental health and hardship considerations
- Absence of prior convictions (as a distinct factor from “good character”)
- Evidence about background and circumstances, even if it cannot be characterised as good character per se
In other words, a defendant’s history and personal circumstances would not become invisible to the court. But the mechanism by which that history could formally reduce a sentence would be gone.
What Happens Next For The NSW Good Character Sentencing Bill?
The public hearing, held in the Preston Stanley Room at Parliament House, Sydney, is a key step in the Bill’s parliamentary journey. The Standing Committee on Law and Justice is expected to deliver its report to the NSW Legislative Council by 14 April 2026.
Then, the Bill must complete its passage through both houses of parliament before it can become law, and will only commence on a date appointed by proclamation.
Until that occurs, the current law applies. Good character remains a legitimate and available mitigating factor in NSW sentencing proceedings.
Facing a Sentencing Hearing in NSW? Get Expert Legal Advice Now
The law is changing, and how your matter is handled in the coming months may depend on which side of that change you fall on. At O’Brien Criminal & Civil Solicitors, our criminal defence lawyers have deep expertise in sentencing proceedings across all NSW courts. We know how to build a compelling case for the best possible outcome, under the current law, and whatever follows.
We also handle criminal appeals where a sentencing outcome has been unjust. If you believe your sentence did not properly reflect your character and circumstances, speak with us.
