South Australia is moving to abolish the use of “good character” evidence in criminal sentencing, under proposed reforms that would apply to all offences.
The State Government will consult on changes that would prevent convicted offenders from relying on evidence about their positive reputation or character to argue for a reduced sentence.
Currently, character evidence can be presented during sentencing through testimony or references from people including an offender’s friends, relatives or employers.
South Australian courts are already restricted from considering an offender’s good character in certain child sexual offence cases where that character or reputation helped facilitate the crime, such as where an offender occupied a trusted position in the community.
However, good character can still be taken into account in other circumstances.
The proposed reform would remove the consideration altogether, while courts would retain the ability to consider separate factors such as an offender’s prior convictions, prospects of rehabilitation and likelihood of reoffending.
Deputy Premier and Attorney-General Kyam Maher said the reform was particularly important for victim-survivors who could otherwise be required to hear offenders described positively during sentencing.
“Victim survivors of child sex abuse should not have to be retraumatised during the court process while hearing friends and family of the offender describe them as a ‘good person’ to try and minimise their sentence,” Mr Maher said.
“If you have been found guilty of an offence, your sentence should not be minimised because you have managed to deceive some people into believing you are a person of ‘good character’.”
The SA move follows years of advocacy from the national Your Reference Ain’t Relevant campaign, co-founded by victim-survivors Harrison James and Jarad Grice.
The campaign initially pushed for good character evidence to be removed from the sentencing of child sexual offenders, arguing an offender’s positive public reputation should not diminish the seriousness of their offending or the experience of survivors.
The issue has since been examined more broadly interstate.
The NSW Sentencing Council reviewed the use of good character in sentencing and recommended reforms extending beyond child sexual offences. Its review considered whether character evidence remained appropriate and equitable, as well as its impact on victim-survivors.
Harrison said hearing an offender portrayed positively in court could be deeply distressing for survivors.
“There is nothing more dehumanising than hearing the person who harmed you described in court as a ‘good person’,” he said.
“A survivor’s pain should never be diminished by an offender’s public reputation.”
The South Australian Government will now consult on the proposed reforms before legislation is progressed.
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