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ARTICLE · 25 MARCH 2023

Character references must disclose knowledge of offences

Character references are one factor which can "mitigate" (or lessen) the seriousness of the offending conduct.

AustraliaCriminal Law

Character references are normally handed-up to a court during the sentencing hearing; which is when the court decides the penalty that will be imposed on a defendant.

These references are an important way to show the defendant has accepted responsibility and shown remorse for their conduct by not just pleading guilty (in the case of a guilty plea), but by admitting it to those who are important and/or close to him or her.

Those who provide such references – who is known as 'referees' – should in fairness be made aware of the whole of the circumstances relating to the person to whom they are attesting before they 'put pen to paper' and vouch for another's character.

It stands to reason, then, that a character reference should make clear that the referee is aware of the document's intended use.

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