NSW GOVERNMENT ABOLISHES GOOD CHARACTER AS MITIGATING FACTOR FOR SENTENCING
A convicted person’s good character has historically been used as a means to argue for a lower sentence following criminal convictions.
The NSW Government recently passed Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Act 2026 (NSW), which, subject to the legislation’s proclamation, removes the consideration of a convicted offender’s good character in sentencing for all criminal matters in NSW.
The Courts will no longer be able to consider a convicted person’s good character as a mitigating factor in sentencing.
Nevertheless, the expert criminal lawyers at Criminal Lawyers Group are the experts in strategising for and obtaining the best sentencing outcomes for all criminal offences.
If you have been charged with a criminal, contact our team at Criminal Lawyers Group for a free consultation. Criminal offences can have severe repercussions, so it’s crucial to be represented by our award-winning team, who were recently awarded the title of best criminal lawyers in NSW.
IS THE CHANGE NOW IN EFFECT?
No, despite the legislation having passed NSW Parliament and receiving Royal Assent, the Bill itself states that the Act commences on a day or days to be appointed by proclamation, which has not yet occurred.
IS PROCLAMATION LIKELY?
Yes, proclamation is almost a certainty, although the date is yet to be announced. The Minister responsible, in this case the Attorney General, is to recommend a proclamation date to the Governor of NSW, who is expected to then proceed to sign the proclamation paperwork. The proclamation is then published in the NSW Government Gazette and becomes law.
WHY DID THE NSW GOVERNMENT ABOLISH GOOD CHARACTER?
The abolishing of good character in sentencing was a recommendation of the NSW Sentencing Council, which is a statutory body that advises the Attorney General on sentencing matters on the grounds that good character as a mitigating factor retraumatised victim-survivors, was vague and was not equally available to all offenders.
Following the passing of the legislation, the Attorney General stated that the laws spell “the end of the mere ‘good character’ defence. Victim-survivors and their loved ones will no longer be forced to sit in court and hear the person convicted of a heinous crime be described as an otherwise good person.”
CAN OTHER CIRCUMSTANCES STILL BE CONSIDERED TO MITIGATE SENTENCE?
Yes, despite the removal of good character as a mitigating factor, other common law principles still apply, including the consideration by the court of a convicted person’s remorse, prospects of rehabilitation, lack of criminal history and specific personal circumstances.
WILL REFERENCE LETTERS STILL BE PERMITTED?
Yes, despite the abolition of good character as a mitigating factor, reference letters will still be permitted and considered, provided the reference letters focus on permissible mitigating factors, such as prospects and rehabilitation, remorse and future employment opportunities, rather than good character.
CAN I RECEIVE BAIL DURING MY CASE?
Yes, you may be granted bail whilst your criminal matter is in progress. Your bail is likely to come with conditions, although you may seek to have the conditions varied.
Our expert bail lawyers at Criminal Lawyers Group were awarded the best law firm in Australia for securing bail for our clients who have been charged with serious criminal offences.
MR MERCAEL SECURES NON-CUSTODIAL SENTENCE FOR CLIENT
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured a Conditional Release Order with No Conviction Recorded for a client who had been charged with assaulting an Uber Driver.
Outside Court, Mr Mercael stated to the media “my client is pleased with the result and just wants to get on with their life.”
This result is among the latest of a continuous record of successful Sentencing outcomes achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Criminal Lawyers in Sydney and NSW.
HAVE YOU BEEN ACCUSED OF A CRIME?
If you have been accused or charged with a crime, contact our team at Criminal Lawyers Group for a free consultation. Criminal convictions have serious consequences.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with gang-related crime.