Latest news with #QueenslandSentencingAdvisoryCouncil
Business Mayor
21-05-2025
- Politics
- Business Mayor
Queensland to restrict good character references in sentencing of accused rapists
The consideration of good character references for accused rapists will be restricted under major Queensland court reforms but some advocates say it does not go far enough. The changes introduced to Queensland parliament this week are among the recommendations made by a Queensland Sentencing Advisory Council report into rape and sexual assault. Good character references from friends and families of accused rapists have traditionally been a consideration in a judge's decision on the sentence. The report recommended that the use of good character references, including evidence of the offender's standing and contributions in the community, should be restricted in sentencing. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community – especially not their victim, bravely sitting in court,' the attorney general, Deb Frecklington, said. Frecklington said this law reform is very close to her heart. One of the last criminal matters when she was a lawyer involved a former school principal who had been the citizen of the year in her local community. A good character reference was taken into consideration during his sentencing. 'It is extremely distressing still for many of the victims,' she told parliament. The bill means good character references can only be used as a mitigating factor if it is relevant to the offender's prospects of rehabilitation or risk of offending. Courts can also decide not to treat the character reference as a mitigating factor depending on the 'nature and seriousness of the offence'. 'This will limit the use of problematic good character evidence,' Frecklington said. Read More Government being 'counterproductive' over Clean Air Bill, says MP The bill also includes recognition of victim harm as an 'express purpose of sentencing' and ensuring courts do not draw any inference about whether the victim was harmed from the fact that no victim impact statement was given. The introduction of the laws was welcomed by the state opposition, who had lobbied for changes, calling it a win for sexual assault victim survivors. 'These new laws will empower victim-survivors and ensure that perpetrators are held accountable,' the shadow attorney general, Meaghan Scanlon, said. The state's victims' commissioner, Beck O'Connor, tentatively welcomed the change but claimed it does not go far enough. She said the laws should be strengthened to mean courts do not give any consideration to good character references in any circumstances. 'Victim-survivors continue to share their distress and trauma about the acceptance and reliance of character references, with little to no effort made by anyone to verify the content,' O'Connor said. 'Completely preventing the use of good character evidence is the best way to show victims they are being listened to, and their significant concerns have been addressed.' A review of sentencing guidelines in New South Wales is under way, while the use of good character references remains in other states and territories. Good character references for child sexual abuse offenders were removed in Tasmania in 2016.
West Australian
20-05-2025
- Politics
- West Australian
Queensland government introduces major law change to limit 'good character' evidence at sexual assault trials in huge overhaul
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced. The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously. It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences. Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences. 'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.' She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending. 'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.' Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender. 'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said. The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes. The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement. 'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added. The amendments to the Penalties and Sentences Act 1992 are now before parliament.
Perth Now
20-05-2025
- Politics
- Perth Now
State's huge overhaul of sentencing laws
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced. The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously. It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences. Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences. 'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.' Ms Frecklington said the new amendments ensures that 'victims are being put first'. Dan Peled / NewsWire Credit: News Corp Australia She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending. 'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.' Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender. 'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said. The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes. The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement. 'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added. The amendments to the Penalties and Sentences Act 1992 are now before parliament.
News.com.au
20-05-2025
- Politics
- News.com.au
Queensland government introduces major law change to limit 'good character' evidence at sexual assault trials in huge overhaul
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced. The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously. It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences. Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences. 'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.' She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending. 'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.' Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender. 'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said. The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes. The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement. 'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added. The amendments to the Penalties and Sentences Act 1992 are now before parliament.
