The Crimes Amendment Bill would remove the ability for courts to reduce sentences based on an offender’s prior good character.
While judges would still be able to consider factors such as rehabilitation, remorse and prior convictions, they would no longer be permitted to reduce a sentence on the basis of general reputation or standing in the community.
The Minns government’s reform, which it argued would reduce trauma, was announced following recommendations from the NSW Sentencing Council’s 2024 review into the subject and a sustained campaign by victim-survivors.
But at a parliamentary inquiry into the proposed change on Tuesday, senior legal figures and advocacy groups warned the proposal may go too far.
Representing the NSW Bar Association, senior counsel Dominic Toomey told the inquiry the reform risks stripping courts of critical context when determining sentences.
Critics of the bill have also raised concerns about unintended consequences for vulnerable groups, including domestic violence victims who may be wrongly identified as offenders.
The Feminist Legal Clinic supports changes to sentencing laws, but only for serious offences like sexual assault and domestic violence.
Principal solicitor Anna Kerr said the current bill was “way too broad in its ambit and should be replaced by a far simpler amendment”, arguing reforms should target offences with low conviction rates and repeat offending.
Domestic Violence NSW acting director Rhiannon Cook echoed those concerns, backing limits on character evidence in sexual violence cases while warning larger changes could exacerbate systemic issues.
Child sexual abuse survivor Harrison James told the inquiry the current system could re-traumatise victims by shifting focus away from the offence.
“Victim-survivors should not have to sit in courtrooms and listen to the person who harmed them be described as a good person,”
he said.
Mr James said good character references were “deeply harmful” and “re-traumatise survivors,” stating they often reflect privilege rather than accountability.
The parliamentary committee is expected to report their findings in the coming weeks.