Under s 9 of the Penalties and Sentences Act 1992 (Qld), Judges and Magistrates must consider the character of the offender when determining their sentence. A well-prepared character reference can be a valuable tool that provides the court with insight into an offender’s positive qualities, personal circumstances and rehabilitations efforts.
Who should provide references?
The most effective references come from people who know you well and can speak credibly about your character. Suitable referees include:
- Immediate family members
- Your employer and/or colleagues
- Charity, community, or volunteer organisations you are involved with
- People who have known you for a significant period
What should a reference include?
As a general overview, most references should cover:
- How the referee knows you and for how long
- Their knowledge of your charge
e.g. I understand that [NAME] is pleading guilty to the charge of [OFFENCE].
- Their opinion of your character (e.g. honest, hardworking, reliable, calm, trustworthy, respectful)
- Awareness of your dealings with others in business, social, or community settings
- Their knowledge of your personal circumstances and any hardship in your life
- Observations of your insight, remorse, or rehabilitation since the offence
- Whether the offence appears out of character
Additional guidance:
References should be clear and professional, addressing the Magistrate or Judge as ‘Your Honour’. Aim for one to two pages in length, ensuring the document is signed and dated. Where the referee holds a formal position, the reference is best presented on official letterhead.
What should a referee avoid?
When writing a character reference, it is important your referee does not:
- Suggest that you did not commit the offence or comment on the penalty
- Criticise the law, police, witnesses, victims, or the court system
- Provide false or misleading information
What makes a strong reference?
Authenticity is key. Courts can quickly identify when a referee is simply saying what they think the court wants to hear and will give little weight to references that are generic or fail to acknowledge the offending behaviour. The most persuasive references are:
- Present an honest and balanced view, acknowledging mistakes rather than portraying someone as flawless
- Remain supportive while recognising past conduct, showing awareness of remorse and genuine efforts to change
- Offer specific, concrete examples instead of vague or generic statements
While a reference is not decisive on its own, it can assist the court in reaching a more favourable outcome. At Robertson O’Gorman, we can provide tailored advice to ensure you obtain effective support letters.