When facing a sentencing hearing in New South Wales, the Magistrate often knows very little about you other than the police facts sheet. A well-drafted Character Reference for Court NSW is the most effective way to “humanise” yourself and provide context to your actions.
At Best Sydney Criminal Lawyers, we review hundreds of references every year. A strong reference can be the deciding factor between a conviction and a Section 10 dismissal.
What is a Character Reference?
A character reference is a formal letter written to the court by someone who knows you well. Its purpose is to testify to your general character, your contributions to the community, and—most importantly—that the offence you committed is “out of character.”
Who Should Write One?
The most impactful references come from independent sources who have a standing in the community:
- Employers: To confirm your work ethic and the impact of a conviction on your job.
- Community Leaders: Such as sports coaches, religious leaders, or charity organisers.
- Family: While allowed, they are viewed as biased. It is best to balance family letters with independent ones.
How to Structure a Character Reference
Courts in Sydney are busy. Your reference must be concise (ideally one page), typed, and follow a specific legal structure.
1. Formal Salutation
The letter should be dated and addressed to the judicial officer, not to your lawyer:
- Local Court: “To the Presiding Magistrate”
- District Court: “To the Presiding Judge”
Start the letter with “Your Honour”.
2. The “Golden Rule”: Knowledge of the Offence
This is where most people fail. The referee must state clearly that they are aware of the specific charges you are facing. For example:
“I am aware that John has pleaded guilty to High Range Drink Driving.”
If the letter simply says “John is a good person” without mentioning the crime, the Magistrate will assume you hid the truth from your friend, and the reference will be ignored.
What to Include (And What to Avoid)
Do Include:
- Length of Relationship: How long they have known you.
- Remorse: Have you expressed shame or regret to them? Courts look for evidence that you accept responsibility.
- Hardship: If you lose your licence or get a criminal record, will you lose your job? An employer needs to state this explicitly.
Do Not Include:
- Sentencing Suggestions: Never tell the Magistrate what to do (e.g., “Please do not send him to jail”). This is considered disrespectful.
- Criticism of the Victim/Police: Do not shift blame.
- Falsehoods: Misleading the court is a serious offence.
Final Thoughts
A compelling Character Reference for Court NSW can significantly mitigate your penalty. It provides the court with a reason to be lenient.
At Best Sydney Criminal Lawyers, we provide our clients with specific templates and review every draft reference to ensure it meets the court’s standards. Contact us today to prepare for your sentencing hearing.
