Character References at Sentencing in NSW – Criminal Lawyer’s 2026 Guide

1. Introduction – What’s Changed and Why It Matters

If you’re facing sentencing in NSW, character references have almost certainly come up. Your criminal lawyer has probably asked you to collect them. Friends and family have written letters describing what a good person you are. That approach no longer works the way it used to. In February 2026, the NSW Government introduced the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026. The bill removes “good character” as a mitigating factor at sentencing for all criminal offences in NSW. Not just sexual offences. Not just serious crimes. All offences. As a criminal defence lawyer practising in Parramatta for over 15 years, I prepare character references at sentencing in NSW for clients every single week. I’ve tendered thousands of these references at Parramatta Local Court, Blacktown, Liverpool, and courts across Sydney and NSW. This change affects every guilty plea I run from here on. This guide explains the new law, what character references at sentencing in NSW can still say, and exactly how to prepare your references so they actually help your case.

---

2. The New Law Explained

The NSW Government announced in February 2026 that it will amend the Crimes (Sentencing Procedure) Act 1999 to:

• Remove “good character” as a mitigating factor at sentencing for all criminal offences
• Repeal the existing “special rule” that only restricted good character evidence for child sexual offenders
• Keep the ability for courts to consider evidence about rehabilitation, reoffending risk, and personal circumstances
• Keep a lack of prior convictions as a standalone mitigating factor (but it can no longer be used to argue “good character”)

The NSW Sentencing Council report released on 1 February 2026 found that there is “no settled definition of what good character is, or what it reflects” and described the concept as “vague and incoherent.”

Who pushed for this change?

The reform was driven by the Your Reference Ain’t Relevant campaign, founded by survivors Harrison James and Jarad Grice, who drew attention to the harm caused when convicted offenders are described as “good people” during sentencing hearings.

---

3. What Was the Old Law on Good Character?

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, one of the recognised mitigating factors a court considers at sentencing is that the offender is a person of “good character.” In practice, this meant character references at sentencing in NSW describing someone as a respected community member, a devoted parent, or a reliable employee could directly reduce the severity of a sentence.

How character references traditionally worked:

• Defence lawyers gathered references from employers, family members, religious leaders, and community figures
• References were tendered to the magistrate or judge alongside other subjective material (psychologist reports, course completion certificates, letters of apology)
• The court could treat “good character” as a formal reason to impose a lighter sentence
• This was standard for charges like common assault, drink driving, drug possession, and AVO breaches

The old “special rule” for child sexual offenders:

Since 2009, offenders convicted of child sexual offences could not rely on good character or a lack of prior convictions where those factors helped them commit the offence. This recognised that positions of trust and community standing are often the very things that give offenders access to victims. That limited exception has now been replaced with a blanket rule covering every offence on the books.

---

4. What Can Character References Still Say?

This is the most important section if you are facing sentencing at Parramatta Local Court, Campbelltown, Liverpool, or anywhere else in NSW. Character references at sentencing in NSW are not banned. The court can still consider references that address the following:

1. Prospects of Rehabilitation

✓ References describing the steps you have taken since the offence – counselling, lifestyle changes, the support structures around you, and the reasons the court should believe you will not reoffend.

2. Likelihood of Reoffending

✓ Evidence addressing whether this offending is isolated and why the risk of future offending is low. A long-term employer explaining that you remain employed and stable is far more useful than a friend saying you’re a “good bloke.”

3. No Prior Criminal History

✓ A lack of previous convictions remains a mitigating factor under the Act. The change is that it can no longer be used as a stepping stone to argue “good character.” It stands on its own.

4. Personal Circumstances

✓ References addressing your background, mental health, family responsibilities, and other matters relevant to sentencing. The court has always considered these and will continue to do so.

5. Treatment and Programs

✓ Evidence that you have completed or enrolled in programs like the Traffic Offenders Intervention Program, anger management, drug and alcohol counselling, or a Men’s Behaviour Change Program. I lecture at the Traffic Offenders Intervention Program and I can tell you firsthand – magistrates at Parramatta notice when someone has done the work before sentencing.

6. Impact on Dependants

✓ References from partners or family members explaining the effect a custodial sentence would have on children or other dependants who rely on you.

---

5. What Character References Can No Longer Say

After this bill passes, a court cannot treat the following as reasons to reduce your sentence:

• ✗ General praise about your character – “He is a good person,” “She is an upstanding citizen,” “He is a man of high moral values”
• ✗ Community standing – “He is a respected member of the community,” “She is well-regarded by her neighbours”
• ✗ Vague endorsements – “I have known him for 20 years and he has always been a person of excellent character”
• ✗ Using lack of convictions as character evidence – “He has no criminal history which shows he is a person of good character” (no criminal history alone is still a mitigating factor, but it cannot be framed as evidence of “good character”)
• ✗ Reputation-based claims – “Everyone in the community speaks highly of her,” “He is known as a generous and kind person”

---

6. How This Affects Common Charges at Parramatta and Western Sydney Courts

This change applies across the board. Here’s how it affects the charges I deal with most often:

Charge	Court	Impact of the Change
Drink driving	Parramatta	References must focus on rehab steps (TOIP, counselling) not “good person” claims
AVO breach	Blacktown	Heavy impact – “good character” was a key argument for first-time AVO breaches
Drug possession	Penrith	Rehab evidence (MERIT, counselling, drug testing) now carries even more weight
Common assault	Fairfield	First-time offenders need anger management or counselling evidence, not just “nice person” letters
Drug supply	Downing Centre	For District Court matters, psych reports and rehab programs now even more critical
Drug driving	Liverpool	Drug testing results and treatment records are more valuable than character praise
Assault occasioning ABH	Campbelltown	Need specific evidence of behavioural change, not general endorsements

For first-time offenders, this is particularly significant. Until now, a first offender with strong character references at sentencing in NSW had a real advantage when seeking lenient outcomes. That argument is not gone entirely, but it must be built around rehabilitation and reoffending risk rather than general praise.

---

7. Can I Still Get a Section 10 Dismissal?

Yes. Section 10 of the Crimes (Sentencing Procedure) Act 1999 is not being changed. A magistrate can still dismiss a charge without recording a conviction where the circumstances of the offence and the offender make it appropriate. What changes is that “good character” alone is no longer a factor the court can rely on when deciding whether to grant a section 10. The other factors still apply:

• ✓ The nature and seriousness of the offence
• ✓ Your age, health, and mental condition
• ✓ Whether you have any prior convictions
• ✓ Your prospects of rehabilitation
• ✓ The impact of a conviction on your employment or livelihood
• ✓ The degree of your remorse

Offences where Section 10 remains common:

Section 10 outcomes are still regularly achieved for first-time offenders charged with drink driving, drug possession, drug driving, or minor assault. Your criminal lawyer just needs to build the case differently – with specific rehabilitation evidence instead of general character praise.

---

8. Before and After – How to Rewrite Your References

Here is a practical example of how the language in character references at sentencing in NSW needs to change:

---

9. Real Case Example – Effective References at Parramatta Local Court

---

10. What About Section 14 Mental Health Applications?

For anyone making a Section 14 mental health application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the good character changes are less directly relevant. Section 14 operates on a different framework. The court considers whether a diagnosed condition was connected to the offending and whether diversion into treatment is appropriate – not traditional sentencing factors. Supporting material from treating professionals, psychologists, and psychiatrists remains the key evidence in any Section 14 application. Reports addressing diagnosis, treatment plans, and the link between the condition and the offending behaviour are unaffected by this bill. I regularly make Section 14 applications at Parramatta and courts across Sydney. If you have a mental health condition that contributed to your offending, this remains a strong option regardless of the character reference changes.

---

11. NSW Compared to Other States

NSW is the first state to apply this change to all criminal offences across the board.

State/Territory	Position
NSW	Removing “good character” for all offences (February 2026 bill)
Queensland	Removed for sexual offences only (September 2025)
Tasmania	Restricted for sexual offences since 2016
ACT	Announced legislation for child sexual abuse offences (December 2025)
Victoria, WA, SA, NT	No equivalent legislation yet

The Australian Law Reform Commission noted in its 2025 final report on justice responses to sexual violence that the NSW process would inform future national reforms. Other states are expected to follow.

---

12. What Should You Do If You Have a Sentencing Date Coming Up?

If you already have character references prepared for a sentencing hearing at Parramatta, Blacktown, Liverpool, Penrith, Hornsby, or any NSW court, have your criminal lawyer review them before the hearing.

Step 1: Review Your Existing References

Go through each reference line by line. Identify any language that relies on proving “good character” and remove it. If more than half the letter is general praise, it needs a rewrite.

Step 2: Ask Your Referees to Add Specifics

What have they personally observed about your behaviour and circumstances since the offence? What specific changes have they seen? The more detail, the better.

Step 3: Gather Evidence of Rehabilitation

Counselling records, completion certificates for programs, letters from treating professionals, drug test results, employment records. The court wants to see action, not words.

Step 4: Speak With Your Criminal Lawyer

Your lawyer can guide your referees on exactly what to include and help draft written submissions that tie everything together for the magistrate or judge.

---

13. How Barsha Defence Lawyers Can Help

At Barsha Defence Lawyers, I prepare sentencing material for clients at courts across Sydney and NSW every week. Our Parramatta office is on George Street, steps from Parramatta Local Court and District Court, and our Norwest office services the Blacktown, Hornsby, and Hills District areas. If you are facing sentencing for any criminal or traffic offence, I can:

• Review your character references and advise on changes needed under the new rules
• Guide your referees on what to write and how to frame it
• Prepare written submissions that present your case effectively to the magistrate or judge
• Advise on rehabilitation steps you can take before sentencing to strengthen your position
• Arrange enrolment in relevant programs (TOIP, anger management, counselling)

We offer a free initial consultation for all criminal and traffic matters. We provide fixed fee quotes so you know the total cost before you commit. Whether you are pleading guilty or pleading not guilty, we are available 24 hours a day, 7 days a week.

---

14. Frequently Asked Questions