‘Prior good character’ is a factor that has long been relevant to the sentencing exercise in appropriate cases (cf Section 21A(3)(e) and (f) of the Act and the common law). Its application must be understood in the context of the sentencing task, and our submission commences with a brief survey of the nature of the sentencing task with a focus on general principles of particular relevance to this submission. The submission then turns to briefly state the law governing the operation of good character as a mitigating factor. Next, the submission sketches existing limitations on good character as a mitigating factor in sentencing. The final two sections contain NSWCCL’s assessment of the continued importance of good character as a mitigating factor in sentencing, and its consequent recommendations.
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