Barnardos welcomes NSW move to scrap good character discount in court, but urges stronger action to prevent domestic and family violence
Barnardos Australia welcomes the NSW Government’s plan to scrap “good character” as a mitigating factor during sentencing, saying the change will help prevent the retraumatisation of victim-survivors.
Under the proposed changes, convicted offenders will not be allowed to rely on “good character” evidence to reduce their sentence. The legislation is expected to be introduced this week.
Barnardos Australia said the reform recognised how difficult it can be for victim-survivors to hear the offender who hurt them praised in court.
“Victim-survivors should not have to sit through a sentence hearing and listen to the person who caused them harm being described as a ‘good person’. That can reinforce the idea that reputation matters more than violence,” Barnardos Program Manager Mark Hoare said.
“The last thing victim-survivors need after bravely enduring the gruelling court process is listening to the person who harmed them being described as a good person so their sentence is minimised.
“We see this reform as a practical step toward a more trauma-informed justice system.
“These reforms are also critical for children, who are often treated as silent bystanders in domestic and family violence matters. They are not unaffected witnesses. They are victim-survivors in their own right, and witnessing abuse and violence can stay with them long after the incident has ended.
“By downplaying harm with a ‘good character’ discount, that can send a confusing message to children who are also victim-survivors rather than focusing on the harm which has been caused,” Mr Hoare said.
Barnardos Australia said while this was a positive step, it must be accompanied by a relentless commitment to continuing to take all possible action to reduce unacceptable rates of domestic and family violence.
Barnardos has long been advocating for prevention first investments that intervenes early and stops harm from occurring to begin with, child-focused and trauma-informed counselling support for child victim-survivors, and safe housing for those who are leaving unsafe environments.
“These reforms need to be complemented by more action targeting housing and financial security. Too many parents are forced to make impossible choices because leaving an unsafe situation could mean facing insecure housing or homelessness. People shouldn’t be faced with that choice,” Mark Hoare said.
“We know domestic and family violence is the most common reason for people seeking homelessness support. We need to urgently invest in services designed to keep families safe, and prevent them from spiralling into poverty, which can have life-long effects for a child.
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