News · Criminal law explainer
Character references at sentence in NSW.
When a person is sentenced, the court looks not only at the offence but at the person who committed it. Character references are one of the main ways the court learns about that person. A good reference can make a real difference; a poor one can do nothing or even harm. This note explains who should write a reference, what it must contain, and how references fit into the subjective case at a New South Wales sentence hearing.
By Aaron Kernaghan · Published 3 September 2026
What is a character reference for?
A character reference is a letter written by someone who knows the person being sentenced, telling the court about their character, their circumstances, and the effect the offence and the proceedings have had. It helps the court assess the person's prospects of rehabilitation and whether the offending is out of character.
The reference is part of the subjective case: the material about the individual, as distinct from the objective seriousness of the offence. Good character can be relevant to the sentence, and evidence of it usually comes through references and, where needed, oral evidence.
Who should write one?
A useful reference comes from someone who knows the person well and can speak from real knowledge: an employer, a long-standing friend, a family member, a coach, a community or religious figure. What matters is that the writer knows the person and can give concrete examples, not that they hold an important position.
The writer should say how long and in what capacity they have known the person. A reference from someone who barely knows them, or who writes in vague generalities, carries little weight.
The reference must acknowledge the offence
This is the point most references get wrong. The writer must know that the person is being sentenced and for what, and the reference should say so. A reference that pretends the offence did not happen, or that attacks the charge, is worse than useless, because it suggests neither the writer nor the person accepts what occurred.
The best references acknowledge the offence, express that it is out of keeping with the person the writer knows, and speak to genuine remorse and to what the person has done since. Honesty is what gives a reference its value.
What a good reference contains
A good reference is dated, addressed to the court, and signed, with the writer's name and contact details. It states how the writer knows the person, acknowledges the offence, gives specific examples of the person's character and contribution, and, where relevant, describes the effect a conviction or penalty would have.
It should be truthful and specific. Concrete examples carry far more weight than adjectives. A short, honest, specific letter beats a long, glowing, general one.
How references fit the sentence
References are one part of the subjective case, alongside evidence of rehabilitation, health, employment, and remorse. They work together with the factors the court weighs under section 21A and, where there is a plea, the plea discount.
Preparing the subjective case well is a large part of a good sentence result. That means gathering the right references, obtaining reports where they help, and presenting the material clearly. Our note on working with counsel explains how this comes together at the hearing.
Frequently asked.
What is a character reference at sentence?
A letter from someone who knows the person being sentenced, telling the court about their character and circumstances. It forms part of the subjective case and can help the court assess remorse and prospects of rehabilitation.
Who should write a character reference?
Someone who knows the person well and can give concrete examples: an employer, long-standing friend, family member, coach, or community figure. The writer should say how long and in what capacity they have known the person.
Does the reference have to mention the offence?
Yes. The writer must know the person is being sentenced and for what, and the reference should acknowledge it. A reference that ignores or attacks the charge can harm rather than help.
What makes a good character reference?
One that is dated, addressed to the court, and signed, that states how the writer knows the person, acknowledges the offence, and gives specific, truthful examples of good character. Specific examples matter more than adjectives.
How much do references count?
They are one part of the subjective case, alongside remorse, rehabilitation, and any plea discount. Good references can help, but they work together with the other sentencing factors rather than deciding the sentence on their own.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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