Do Character References Help at Sentencing?

If you are preparing for a sentencing hearing, you may have been told to obtain character references. Character references can be an important part of a plea in mitigation and, when prepared properly, can assist the court in understanding who you are beyond the offending. 

While they do not excuse criminal behaviour, strong character references can provide valuable context and may influence the sentence ultimately imposed.

What Is a Character Reference?

A character reference is a letter written by someone who knows you well and is willing to tell the court about your character, personal circumstances and reputation.

The purpose of a character reference is not to argue that you are innocent or to criticise the prosecution. Instead, it gives the sentencing magistrate or judge a broader understanding of who you are as a person and your prospects of rehabilitation.

References are commonly provided by employers, colleagues, family friends, sporting coaches, community leaders or other people who know you well.

Do Character References Make a Difference?

Yes.

A well-written character reference can assist the court by providing independent evidence of your good character, employment history, contribution to the community and the positive qualities that may not otherwise be apparent from the court file.

Character references are particularly helpful where they demonstrate:

• that the offending was out of character;

• genuine remorse and acceptance of responsibility;

• positive steps towards rehabilitation;

• stable employment and family support; and

• the author’s confidence that the offending is unlikely to be repeated.

The weight given to a reference will depend on its quality, the seriousness of the offending and the credibility of the person providing it.

Who Should Write a Character Reference?

The most effective references come from people who genuinely know you and can speak honestly about your character.

This might include:

• your employer or supervisor;

• a long-term friend;

• a professional colleague;

• a sporting coach;

• a teacher or mentor; or

• a respected member of your community.

Family members can also provide references, although courts often recognise that close relatives are naturally supportive. Independent references are generally given greater weight.

What Should a Character Reference Include?

A good character reference should:

• acknowledge that the writer is aware of the offence before the court;
• explain how the writer knows you and for how long;

• describe your character and reputation;

• explain whether the offending is out of character;

• identify any positive qualities or contributions you have made; and

• be signed and dated.

It is important that the reference is accurate and truthful. A reference that exaggerates your character or ignores the offending is unlikely to assist.

What Should a Character Reference Avoid?

Character references should never:

• suggest that you are innocent if you are pleading guilty;

• criticise the victim, police or the court;

• minimise the seriousness of the offending;

• include information that the writer does not genuinely know; or

• mislead the court.

A poorly drafted reference can carry little weight and, in some cases, may even undermine your plea.

How Many Character References Should I Get?

There is no ideal number.

In many cases, two or three strong references from people who genuinely know you are more persuasive than numerous brief or repetitive references. Quality is almost always more important than quantity.

Your lawyer can advise how many references are appropriate for your particular case and whether additional supporting material would be beneficial.

Speak to Wilkinson Lawyers

If you are preparing for a sentencing hearing, Wilkinson Lawyers can help. We regularly advise clients on obtaining effective character references and preparing persuasive plea material for courts throughout Victoria. We can review your references, ensure they address the matters most relevant to sentencing and present the strongest possible case on your behalf.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.