Paul Goldsmith announced:
National will continue to ensure there are real consequences for crime by abolishing good character assessments at sentencing for all sexual offending, National’s Justice Spokesperson Paul Goldsmith says. …
“As the law is written today, judges are required to take into account testimony from individuals willing to speak to an offender’s character – former coaches, employers, and family members willing to state on the record that any offending is the exception, not the rule.
“That might serve the interests of well-connected offenders, but it rarely serves the interests of victims.
“The consequences for the victim remain, regardless of the former reputation of the perpetrator.
“Under National, judges will be prohibited from treating good character as a mitigating factor at sentencing for all sexual offending.
I can understand the anger victims feel when offenders get lighter sentences because they are well connected and have dozens of people provide character references.
However it is hard to see why you would abolish good character as a mitigating factor just for sexual offending.
The Herald reports:
A sexual violence campaigner is “stoked” that National is planning to ban judges from considering good character references while sentencing sex offenders, but lawyers warn the change could lead to less fair sentencing.
While character references could still be provided to the court under National’s planned law change, judges will not be able to take the submissions into consideration.
Defence lawyer Samira Taghavi said the references matter because they help the court assess true culpability, likelihood of reoffending, and prospects of rehabilitation.
Taghavi said it was “dangerous” and “knee-jerk populism” that would cause real injustice in practice. …
“For repeat sex offenders, I doubt you would find anyone writing meaningful character references in the first place. Their prior convictions make ‘good character’ claims implausible – judges already give such evidence little or no weight in those cases.”
It would be good to have some hard data on this issue. How often is good character given a discount in sexual offending cases? The problem is it is almost impossible to get this data.
I’d love a future Government to legislate that all court sentencing notes be made publicly available. This would allow AI analysis of thousands of cases and get hard data on sentencing factors.