I am liking the sound of a law change being introduced in New South Wales, where they are no longer going to allow good character references to be factored into court sentences.

You know the drill. Someone is found guilty of a crime, they get their mates to write to the judge saying what a great person they are and how they’ve done all these good things.

The judge reads all these glowing references and, when it comes to handing down a sentence, gives them some sort of discount because of their “good character”.

The New South Wales government has decided it’s not having any more of that. And I think we should do the same thing here. Because someone’s so-called good character means zilch to their victim or their victims, doesn’t it?

If we’re going to make noises about the criminal justice system needing to be more victim-focused, then this would be a pretty good start. Because how galling must it be for the victim of a crime to turn up at the sentencing and hear about all these wonderful things that have been said about the person who offended against them?

What’s more, how galling must it be to not only hear how wonderful this person apparently is, but to also then witness the judge discounting their sentence because of these glowing reports.

Even if someone has done amazing things in the past, that doesn’t make their offending any less serious. It doesn’t diminish the impact of their offending on their victim or their victims, does it? 

Not that good character references are going to disappear altogether in New South Wales. They’re still going to be allowed during the trial process. But they’re not going to be coming across the desk of judges when they’re about to dish out sentences.

The change follows a report by the New South Wales Sentencing Council which said the references are based on a vague and uncertain concept.

It said just because someone has a good character reference, that doesn’t tell the sentencing judge anything about the likelihood of someone re-offending or the likelihood of them being rehabilitated.

Which makes total sense.

It also says that good character discounts are traumatising for victims.

I couldn’t agree more.

LISTEN ABOVE

I am liking the sound of a law change being introduced in New South Wales, where they are no longer going to allow good character references to be factored into court sentences.
You know the drill. Someone is found guilty of a crime, they get their mates to write to the judge saying what a great person they are and how they’ve done all these good things.
The judge reads all these glowing references and, when it comes to handing down a sentence, gives them some sort of discount because of their “good character”.
The New South Wales government has decided it’s not having any more of that. And I think we should do the same thing here. Because someone’s so-called good character means zilch to their victim or their victims, doesn’t it?
If we’re going to make noises about the criminal justice system needing to be more victim-focused, then this would be a pretty good start. Because how galling must it be for the victim of a crime to turn up at the sentencing and hear about all these wonderful things that have been said about the person who offended against them?
What’s more, how galling must it be to not only hear how wonderful this person apparently is, but to also then witness the judge discounting their sentence because of these glowing reports.
Even if someone has done amazing things in the past, that doesn’t make their offending any less serious. It doesn’t diminish the impact of their offending on their victim or their victims, does it?&nbsp;
Not that good character references are going to disappear altogether in New South Wales. They’re still going to be allowed during the trial process. But they’re not going to be coming across the desk of judges when they’re about to dish out sentences.
The change follows a report by the New South Wales Sentencing Council which said the references are based on a vague and uncertain concept.
It said just because someone has a good character reference, that doesn’t tell the sentencing judge anything about the likelihood of someone re-offending or the likelihood of them being rehabilitated.
Which makes total sense.
It also says that good character discounts are traumatising for victims.
I couldn’t agree more.
LISTEN ABOVE

Every weekday join the new voice of local issues on Canterbury Mornings with John MacDonald, 9am-12pm weekdays.

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With two decades experience in communications based in Christchurch, John also has a deep understanding of and connections to the Christchurch and Canterbury commercial sector.

Newstalk ZB Canterbury Mornings 9am-12pm with John MacDonald on 100.1FM and iHeartRadio.

Every weekday join the new voice of local issues on Canterbury Mornings with John MacDonald, 9am-12pm weekdays. It’s all about the conversation with John, as he gets right into the things that get our community talking. If it’s news you’re after, backing John is the combined power of the Newstalk ZB and New Zealand Herald news teams. Meaning when it comes to covering breaking news – you will not beat local radio. With two decades experience in communications based in Christchurch, John also has a deep understanding of and connections to the Christchurch and Canterbury commercial sector. Newstalk ZB Canterbury Mornings 9am-12pm with John MacDonald on 100.1FM and iHeartRadio.

Every weekday join the new voice of local issues on Canterbury Mornings with John MacDonald, 9am-12pm weekdays.

It’s all about the conversation with John, as he gets right into the things that get our community talking.

Canterbury Mornings with John MacDonald

John MacDonald: Who cares about a criminal's "good character"?

https://api.omny.fm/orgs/7784f840-c291-422a-924b-ad9000bbad71/clips/bc6abb50-038d-4056-91bd-b3e4018496a7/transcript