Character References NT

When an offender is sentenced for a criminal offence in the Northern Territory, they can submit certain evidence to mitigate their punishment. An offender can produce character references to give the court insight into their personal circumstances and convey their more positive characteristics. In fact, sometimes, a character reference is the most important piece of evidence in mitigation before the court during sentencing. This article explains the purpose and nature of character references in criminal sentencing in the Northern Territory.

Character referees in the Northern Territory

A character reference can influence the court to view a convicted offender more sympathetically. The reference usually provides personal information about the background of the offender, often including their family circumstances. A character reference must be completely truthful.

The reference does not have to be from an influential or important person. Anyone who has something positive to say about the offender, including a family member, can provide a reference. However, an offender should choose a referee who knows them well and who can provide a clear perspective on their character and/or address issues raised in the case. Typically, referees are people who know the offender from study or employment, such as managers, colleagues, business associates and teachers. Depending on the circumstances, it may also be appropriate to submit character references from professionals such as a social workers or psychiatrists.

Requesting a character reference

When asking a person to act as a referee, the offender must disclose the reason they are before the court. It is also important that the referee is familiar with the offender’s previous criminal convictions (if any), so they can address them in the letter. Otherwise, the judge may say that the character reference is irrelevant because the referee is unaware of the true character of the offender.

Format of a character reference in the Northern Territory

A reference needs to be tailored to the individual offender, their circumstances, and the offence. The referee should note if they themselves hold a formal position, such as a company or organisational leadership. In these cases, it is better to compose the reference on official letterhead from the company or organisation.

As a character reference is a document submitted to the court, it should follow certain formalities. It must be:

• Typewritten;
• Between half a page and two pages;
• Addressed to “The Sentencing Judge”, with subsequent references to “Your Honour”;
• The opening paragraph should state: “I am aware that [offender’s name] is before the court charged with [offence]”;
• Clearly written especially for the purpose; and
• Signed and dated.

A character reference should address the type of issues that the defence lawyer will highlight during the sentencing process. These include the offender’s generally good character, unblemished work history, and efforts to rehabilitate since the arrest. A character reference can be especially useful to detail the consequences of a sentence outside the court. For instance, if a defendant faces the prospect of losing their driving licence, the reference can explain the impact this would have on their employment and ability to care for their children. Of course, the reference must only include these statements if they are true. Claiming that the offender is of generally good character when they have an extensive history of violent crime only serves to show that the referee is not familiar with the offender’s true character.

In the body of the reference, the referee needs to provide the following information:

• The period of time they have known the offender and the nature of the acquaintance;
• The standing of the referee in the community (for example, doctor, coach, relative);
• The referee’s opinion of the offender (such as their character, background, reputation, employment, education);
• any positive commentary about the offender (such as the offender’s contribution to their community); and
• any other information the referee feels is relevant (for example, the offence is out of character, and the circumstances that led to uncharacteristic behaviour).

A reference does not need to be a long and complicated document, but it should provide relevant detail. For instance, a neighbour might write:

• “I have known [the offender] for seven years since he moved in next door. I have had regular contact with him nearly every week.”
• “I am a retired teacher who worked for Education Queensland for over 40 years.”
• “I am proud to call [the offender] my friend. I understand that he had a challenging childhood with his father incarcerated and his mother dying when he was a teenager. He has told me that during his early 20s, he committed several thefts and received a suspended sentence.”
• “[The offender] knows that I am disabled, and he regularly comes over to help with mowing my lawn and other household repairs and maintenance. He does this of his own initiative and has never accepted payment, as he knows that I am a pensioner.”
• “I am aware that he has been convicted of assault, but in my experience, he has only been gentle and kind.”

It is essential for the referee to be courteous and not critical of the court or the victim. Referees must take care not to mention potential penalties for the offence. For instance, a reference should not say that the offender does not deserve to go to jail. Sentencing recommendations are handled by the offender’s solicitor. In addition, a referee should not give an opinion on any legal issue.

Character references are an effective way to persuade a judge that an offender has redeemable qualities beyond the facts of the offence. The criminal law team at Go To Court Lawyers can provide advice on who should prepare a reference, and what should be contained in the reference to best assist the offender. Please contact our team on 1300 636 846 for any type of legal assistance.

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