People convicted of crimes such as rape or assault in Victoria will no longer be able to rely on claims about their “good character” to reduce their sentence under proposed changes to be introduced to Parliament later this year.
The Victorian Government will remove the use of so-called “good character” references at sentencing, making clear that courts will no longer consider evidence of “good character” as a mitigating factor.
The change extends an approach that already applies in some cases of child sexual abuse and will make it system-wide. Courts will still be able to consider other established factors at sentencing, including the likelihood of reoffending.
Attorney-General Sonya Kilkenny said victim-survivors should not have to hear those who harmed them described in positive terms in a way that diminishes the offending.
“Victim-survivors of crimes are having to sit in court and hear that the person who harmed them is a ‘good person’ – that compounds the trauma, diminishes their experience and can’t continue,” she said.
Under current arrangements, character references can be tendered in court to support arguments for leniency. The proposed reform removes the capacity for those references to be treated as a mitigating factor when a sentence is determined.
The Attorney-General will introduce legislation to Parliament in the middle of the year.
The government said perpetrators must be held accountable for their actions without excuses and that victim-survivors should not hear the people who hurt them described in a positive light to reduce the seriousness of their conduct.
The reform builds on previous changes aimed at strengthening community safety, including tougher laws relating to coercive control, stalking and family violence.
“Under Labor, safety comes first, and perpetrators must be held accountable for their crimes without excuses,” Ms Kilkenny said.
If passed, the legislation would formalise a shift in sentencing practice across the state, removing the weight given to personal reputation in mitigation while retaining judicial discretion over other established considerations.
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