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The Guardian - AU
The Guardian - AU
National
Penry Buckley

NSW to remove ‘good character’ from being considered at sentencing hearings in nationwide first

Retired supreme court judge Peter McClellan
The NSW government will introduce legislation to remove ‘good character’ from being considered at sentencing hearings, following a recommendation from a review led by the retired supreme court judge Peter McClellan (pictured). Photograph: AFP/Getty Images

Offenders convicted of any crime will no longer be able to rely on glowing character references during sentencing under changes being introduced in New South Wales, in a move supported by survivors of sexual abuse but which others say could limit defendants’ rights.

On Wednesday, the state government will become the first nationwide to introduce legislation to remove “good character” from being considered at sentencing hearings, when judges hear about someone’s prior record, general reputation and any positive contributions to society as mitigating factors.

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