When someone is facing criminal charges in New South Wales, a well-written character reference can make a meaningful difference at sentencing. Magistrates and judges are not only concerned with the offence itself—they also want to understand the person standing before the court.
A strong character reference provides the court with insight into an individual’s character, reputation, employment, family responsibilities and contributions to the community. It can demonstrate that the offending was out of character, show evidence of rehabilitation and assist the court in determining an appropriate sentence.
However, not all character references carry the same weight. Poorly prepared references, generic testimonials or references that fail to address the offence may have little value and, in some cases, can even undermine a person’s case.
This guide explains what a character reference is, who should write one, what it should include, and the common mistakes to avoid if you want the reference to genuinely assist the court.
What Is a Character Reference?
A character reference is a written statement provided to the court by someone who knows the defendant well and can comment on their character, behaviour and personal circumstances.
Its purpose is to assist the court in understanding the person beyond the allegations before it.
A character reference is not designed to argue the legal case or dispute the evidence. Instead, it provides context about the individual’s life and reputation.
A well-prepared reference can assist the court in assessing:
- Good Character
- Community Involvement
- Employment History
- Family Responsibilities
- Rehabilitation
- The Likelihood Of Reoffending
Why Character References Matter
During sentencing, the court considers more than simply whether an offence occurred.
The court also examines:
- The Offender’s Personal Circumstances
- Their Previous Criminal History
- Their Prospects Of Rehabilitation
- Their Contribution To Society
- The Impact A Conviction May Have On Their Future
A well-written character reference helps humanise the person before the court.
Rather than being defined by a single mistake, the court gains a broader understanding of who they are as an individual.
Who Should Write a Character Reference?
The best references come from people who genuinely know the defendant and have observed their character over a significant period.
Suitable referees may include:
- Employers
- Business Owners
- Colleagues
- Teachers
- Coaches
- Religious Leaders
- Community Leaders
- Long-Term Friends
- Family Friends
Close family members can sometimes provide useful references, but courts often place greater weight on independent referees with no personal interest in the outcome.
Who Should Not Write a Reference?
Some references are unlikely to assist.
Generally, it is best to avoid references from:
- Young Children
- People Who Barely Know The Defendant
- Anyone Unaware Of The Offence
- People Who Exaggerate Or Make Unrealistic Claims
- Individuals With Significant Criminal Histories Where That History May Reduce The Weight Of Their Opinion
Credibility is one of the most important features of any character reference.
The Referee Must Know About the Charge
One of the biggest mistakes people make is asking someone to write a reference without telling them what the defendant has been charged with.
The court expects the referee to understand:
- The Charge
- The Basic Circumstances
- That The Reference Is Being Prepared For Court
A reference that praises someone without acknowledging the offence may carry very little weight.
The referee does not need to know every detail of the case, but they should understand the nature of the allegations.
What Should a Character Reference Include?
A strong character reference should generally include:
- The Referee’s Full Name
- Occupation
- Relationship With The Defendant
- How Long They Have Known Them
- Knowledge Of The Offence
- Observations About The Defendant’s Character
- Positive Contributions To Family Or Community
- Any Evidence That The Offending Was Out Of Character
- Confidence In The Person’s Future Conduct
The reference should be signed and dated.
The Importance of Honesty
A character reference should always be truthful.
The referee should never:
- Exaggerate
- Mislead The Court
- Minimise The Seriousness Of The Offence
- Criticise The Complainant Or Police
- Attempt To Provide Legal Opinions
Courts quickly recognise exaggerated references and may give them little weight.
A balanced, genuine reference is almost always more persuasive.
How Long Should a Character Reference Be?
Longer is not necessarily better.
Most effective character references are between one and two pages.
The focus should be on quality rather than quantity.
Every paragraph should provide relevant information that assists the court in understanding the defendant.
What Makes a Strong Character Reference?
Magistrates and judges often find references most helpful when they explain:
- Why The Offending Was Unusual
- The Person’s Normal Behaviour
- Their Employment Ethic
- Their Family Responsibilities
- Community Involvement
- Acts Of Kindness Or Leadership
- Positive Changes Since The Offence
Specific examples are usually far more persuasive than general statements.
For example, rather than saying someone is “a good person,” a referee might explain how they have volunteered in the community for many years or consistently supported vulnerable family members.
Should the Reference Mention Remorse?
Yes, where appropriate.
If the referee has observed genuine remorse or positive behavioural change, this can assist the court.
For example, they may mention that the defendant has:
- Undertaken Counselling
- Completed Rehabilitation
- Attended Traffic Offender Programs
- Sought Medical Treatment
- Changed Their Lifestyle
These observations support the defendant’s prospects of rehabilitation.
Common Mistakes That Reduce the Value of a Character Reference
Poorly prepared references often contain avoidable errors.
Common mistakes include:
- Failing To Mention The Offence
- Using A Generic Template
- Arguing About Guilt Or Innocence
- Criticising Police Or The Court
- Making Unrealistic Claims
- Including Inaccurate Information
- Being Unsigned Or Undated
Each reference should be carefully tailored to the individual case.
Should Character References Be Typed?
Typed references are generally preferred because they are easier for the court to read.
Each reference should:
- Be Addressed “To The Presiding Magistrate” Or “To The Sentencing Judge”
- Be Dated
- Be Signed
- Include The Referee’s Contact Details
The referee should understand that they may be contacted to verify the contents of the reference.
Character References and First-Time Offenders
Character references are particularly valuable for first-time offenders.
They can demonstrate that:
- The Offending Was Isolated
- The Defendant Has Otherwise Lived A Law-Abiding Life
- They Are Unlikely To Offend Again
This information may assist the court when considering whether a non-conviction outcome is appropriate.
Character References Are Only One Part of the Case
Although important, character references form only one part of sentencing.
The court also considers:
- The Seriousness Of The Offence
- Criminal History
- Guilty Plea
- Rehabilitation
- Personal Circumstances
- Victim Impact
- Public Interest
Strong references cannot erase serious offending, but they can provide important context that assists the court in reaching a fair outcome.
Why Legal Advice Is Important
Many people download a template from the internet without understanding what courts are actually looking for.
An experienced criminal defence lawyer can:
- Review Draft References
- Ensure The Offence Is Properly Addressed
- Remove Inappropriate Content
- Identify Additional Material That May Assist The Court
- Present The References Effectively During Sentencing
Well-prepared references often form part of a broader sentencing strategy designed to achieve the best possible outcome.
Every Criminal Matter Is Different
There is no single character reference that suits every case.
The most effective references are personalised, genuine and specifically prepared for the offence before the court.
Whether the matter involves drink driving, assault, drug offences, fraud or another criminal allegation, the reference should reflect the individual’s personal circumstances and demonstrate why the court can have confidence in their future.
Speak to Aquarius Lawyers
If you have been charged with a criminal offence and need assistance preparing for sentencing, Aquarius Lawyers can help.
Our experienced criminal defence team assists clients throughout Australia with preparing character references, sentencing material and persuasive submissions designed to present the strongest possible case to the court.
The right preparation can make a meaningful difference to the outcome of your matter.
Conclusion
A well-prepared character reference can play an important role in helping a court understand the person behind the offence. While it cannot change the facts of the case, it can provide valuable insight into your character, rehabilitation and future prospects.
- A Strong Character Reference Can Assist The Court During Sentencing
- Independent Referees Often Carry Greater Weight
- The Referee Should Be Aware Of The Charge And Circumstances
- Honest, Personalised References Are More Persuasive Than Generic Templates
- Early Legal Advice Helps Ensure Character References Support The Best Possible Outcome
Every criminal matter is different, and carefully prepared character references should form part of a broader sentencing strategy tailored to your individual circumstances.
