At Chidiac & Associates, we carefully consider whether good character evidence should form part of a client's sentencing case and how that evidence can best be presented to the Court.

What is Good Character Evidence?

Good character evidence provides the Court with information about an offender's character prior to the offending.

It can demonstrate that the offence is inconsistent with the person's usual behaviour and character, and may assist the Court in assessing matters such as rehabilitation and the likelihood of reoffending.

Good character can include both:

• the absence of a significant criminal history; and
• positive evidence of the person's character, including their work, family, community and personal contributions.

The Court is required to consider the offender's character and antecedents to the extent they are relevant to sentencing.

How Can Good Character Assist at Sentencing?

Good character evidence may assist the Court in understanding the offender beyond the circumstances of the offence.

It can support submissions that:

The offending was out of character

Evidence may demonstrate that the offence is inconsistent with the person's usual conduct and values.

The offender has positive prospects of rehabilitation

Good character may support submissions that the offender is unlikely to reoffend and has strong prospects of rehabilitation.

The offender has contributed positively to the community

Evidence of employment, education, family responsibilities, volunteering and community involvement may provide the Court with a broader understanding of the offender.

The offender has little or no criminal history

A limited or non-existent criminal history may be relevant as a mitigating factor under s 21A(3)(e), in addition to good character under s 21A(3)(f).

What is a Character Reference?

A character reference is a written statement from someone who knows the offender and can provide genuine evidence about their character.

A useful character reference may come from:

• an employer or former employer;
• a colleague;
• a family member;
• a friend;
• a community leader;
• a professional colleague; or
• another person who has meaningful knowledge of the offender's character.

A character reference should contain specific and genuine observations rather than simply stating that the offender is a "good person".

What Should a Character Reference Address?

Depending upon the circumstances, a character reference may address:

• how long the referee has known the offender;
• the nature of their relationship;
• the offender's employment or education;
• family responsibilities;
• community involvement;
• personal qualities;
• previous contributions or achievements;
• the referee's knowledge of the offending, where appropriate;
• any changes observed since the offence; and
• why the referee considers the offending to be out of character.

A character reference should be truthful and based upon the referee's own knowledge and observations.

Does Good Character Always Reduce a Sentence?

No.

Good character is only one factor considered by the Court. The nature and circumstances of the offence remain of primary importance, and the weight given to good character will depend upon the particular circumstances.

There are also circumstances where good character may carry less weight.

For example, courts have recognised that limited weight may be given to prior good character where:

• the offence is serious and general deterrence is particularly important;
• the offender's good character provided the opportunity to commit the offence;
• the offending involved a prolonged course of conduct; or
• the offence is one commonly committed by otherwise good-character individuals.

Accordingly, simply having no criminal history does not automatically result in a lesser sentence.

Can Good Character Evidence Be Used in Every Case?

Good character evidence must be considered carefully.

There are statutory restrictions applying to certain child sexual offences where good character or the absence of previous convictions assisted in the commission of the offence. In those circumstances, the legislation restricts its use as a mitigating factor.

There are also categories of offending where the courts have recognised that prior good character may have limited relevance.

For this reason, legal advice should be obtained before relying upon character evidence in a sentencing hearing.

What Other Evidence Can Support a Sentencing Case?

Good character evidence is generally most effective when considered alongside other sentencing material, which may include:

• character references;
• employment evidence;
• evidence of community involvement;
• evidence of rehabilitation;
• counselling or treatment records, where relevant;
• evidence of family responsibilities;
• expressions of remorse;
• evidence of steps taken since the offence; and
• submissions concerning the offender's prospects of rehabilitation.

The sentencing case should be tailored to the particular offender and the circumstances of the offence.

How We Can Help

At Chidiac & Associates, we can assist with:

• assessing whether good character is relevant to your sentence;
• advising whether character references should be obtained;
• advising who may be appropriate to provide references;
• reviewing and preparing sentencing material;
• presenting evidence of your character and rehabilitation;
• preparing detailed sentencing submissions; and
• representing you at the sentencing hearing.

Our approach is focused on presenting the Court with a complete and accurate picture of your circumstances.