Victim relief as key sentencing test to be abolished
Tom Wark and Farid Farid |
Sitting in a courtroom hearing a convicted criminal described as having “good character” could soon be a thing of the past for victims under a nation-leading criminal reform.
Laws to abolish good character as a mitigating factor during sentencing in all criminal proceedings will be introduced by the NSW government in the coming week.
Most states and territories have carve-outs preventing many child sex offenders from relying on “good character” to lessen sentences.
But should the laws pass when introduced on Wednesday, NSW will be the first state to scrap the test entirely in a massive overhaul of the criminal justice system.
The announcement comes off the back of recommendations released on Sunday by the NSW Sentencing Council and the tireless work of victim advocates.
“This is one of the most substantial reforms in NSW courts since no-fault divorce in 1976,” Harrison James, co-founder of Your Reference Ain’t Relevant, told AAP.
“This reform shifts courts from privileging offenders’ social standing to centering the lived experience and trauma of survivors.”
A survivor of child sexual abuse, Mr James and campaign co-founder Jarad Grice have been on a three-year mission to have good-character mitigation abolished across the nation.
“I hope this shows every survivor and victim of crime that their voice matters and that they can demand justice,” Mr James said.
Other mitigating factors, including a lack of prior convictions and the prospect of rehabilitation, will still be considered in sentencing decisions.
The 2017 child sex abuse royal commission prompted most states to wind back protections for people who relied on their supposed good character to commit their crimes.
But no other jurisdiction has widened the removal of good character beyond the realm of sexual offending.
NSW Attorney-General Michael Daley said the new sentencing guidelines would help prevent unnecessary trauma in courtrooms.
“Victim-survivors shouldn’t have to sit in court and hear the person who hurt them or their loved one described as a ‘good person’,” he said.
Using character in sentencing might contribute to social disadvantage because certain groups were more likely to benefit than others, the Sentencing Council report said.
Wealthy and influential criminals had much greater access to positive character references, while those with intellectual disabilities were often frozen out.
Full Stop Australia, which supports people affected by sexual, domestic or family violence, said the court system was re-traumatising for many survivors of sexual assault.
“We heard over and again how much distress the use of character references in sentencing causes and we welcome this change,” chief executive Karen Bevan said.
After NSW’s move to blanket abolition, Mr James said other states and territories had been watching the legal developments in earnest.
“These crimes don’t discriminate by state borders,” he said.
“We’ll fight tooth and nail to ensure that this gets to every corner of the nation.”
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
beyondblue 1300 22 4636
AAP
