Good character references will no longer be able to be used by WA courts as a mitigating factor at sentencing following landmark reforms announced by the State Government today.
The WA Government says the reforms follow growing concerns that offenders with a professional standing, community status, or strong personal networks are perceived as getting more favourable treatment by arranging friends, family, and colleagues to provide good character references.
Concerns also relate to the use of the references in sentencing causing more distress to victims.
The Royal Commission into Institutional Responses to Child Sexual Abuse recommended the removal of references in cases involving child abuse, however the WA Government has decided to expand this to all sentencing hearings.
“The Cook Labor Government is committed to protecting the community, and our decision to scrap good character references at sentencing hearings ensure that victims are always put first,” said Attorney General Tony Buti.
“I have had meetings with advocates for victim-survivors and heard how distressing it can be when a criminal’s professional standing and community reputation are used to try to reduce their sentence.
“This is particularly distressing in cases of child abuse and sexual assault when a perpetrator’s friends and colleagues may be unaware of the perpetrator’s sinister behaviour.
“This is important reform was already well advanced for child abuse cases, and expanding it to scrap character references for other sentencing hearings is an important next step.
“We have begun drafting these important reforms and will consult the profession and other key stakeholders during that process.”
The Attorney General said the reform will ensure sentencing is focused on the offences committed and not the offender’s reputation.
The reform will not prevent courts from considering relevant factors such as an offender’s prospects of rehabilitation, absence of prior convictions, or personal circumstances, he said.
