When someone is found guilty of a crime in Australia, the court must decide on an appropriate sentence. While the nature of the offence is the primary consideration, courts also look at the personal circumstances of the offender. One of the most important tools in this process is a character reference, which can provide insight into an individual’s background, behaviour, and likelihood of rehabilitation.
A character reference is a written statement provided to the court by someone who knows the offender personally or professionally. Its purpose is to give the judge or magistrate a clearer picture of the offender’s personality, reputation, and contributions to the community.
Unlike legal arguments or evidence, a character reference is not about the offence itself but about the person who committed it. It helps the court understand whether the offence is out of character and whether the individual is likely to re-offend.
Why Do Courts Consider Character References?
Australian courts recognise that sentencing is not only about punishment but also rehabilitation. Under the Crimes (Sentencing Procedure) Act 1999 (NSW) and equivalent legislation in other states and territories, judges and magistrates must weigh various factors before imposing a sentence.
A well-prepared character reference can:
Demonstrate that the offender has strong community ties.
Show evidence of remorse and willingness to change.
Provide assurance that the offence is inconsistent with the person’s usual behaviour.
Highlight personal circumstances such as mental health challenges, family responsibilities, or employment pressures.
By presenting these factors, a character reference can help reduce the severity of a sentence or support an application for a non-custodial penalty.
Who Can Write a Character Reference?
A character reference should ideally come from someone who is respected in the community and who knows the offender well. This may include:
Employers or colleagues.
Teachers or mentors.
Religious or community leaders.
Family friends or relatives.
However, references from professionals such as employers or community leaders often carry greater weight than those from close family members, as they are seen as more impartial.
What Should a Character Reference Contain?
For a character reference to be effective in a Criminal Law matter, it should include:
The referee’s relationship to the offender - how long and in what capacity they have known them.
Awareness of the offence - the referee should acknowledge that they know what the person has been convicted of.
The offender’s character - details about their honesty, work ethic, community service, family commitments, or other positive qualities.
Impact of the conviction - how the offence and potential sentence may affect the offender’s future.
Opinion on rehabilitation - whether the referee believes the offender is capable of positive change.
Importantly, references must be truthful. Exaggerated or misleading statements may undermine credibility and harm the offender’s case.
The Legal Weight of Character References
While character references are valuable, they are only one part of the sentencing process. Judges and magistrates must balance them against the seriousness of the crime, the harm caused to victims, and the need to uphold community safety.
For minor offences or first-time offenders, strong references may persuade the court to impose a lighter sentence such as a fine, good behaviour bond, or community service. In more serious cases, references may not prevent imprisonment but can still influence the length or type of sentence.
Common Mistakes in Character References
Some references fail to assist because they:
Ignore the offence or pretend it did not happen.
Offer generic praise without specific examples.
Come across as biased or exaggerated.
Fail to acknowledge the seriousness of the crime.
To be effective, a character reference should be honest, specific, and respectful of the court process.
Character references can make a significant difference in Criminal Law sentencing. They allow the court to see beyond the offence and consider the whole person. However, they are most effective when drafted carefully and combined with strong legal representation.
If you or someone you care about is facing sentencing, don’t leave it to chance. A well-prepared legal defence, supported by persuasive character references, can have a real impact on the outcome. Our team of experienced Criminal Law specialists is here to help you navigate the process with clarity and confidence.
