Western Australia plans to ban character references in criminal cases
The Western Australian government plans to ban the use of positive character references from relatives, friends and colleagues during sentencing in all criminal cases. Judges can currently consider such documents and use them as grounds to reduce sentences for convicted offenders.
As ABC News Australia reports, the state authorities will expand a bill that was initially drafted to ban such references in child abuse cases. Western Australia Attorney-General Tony Buti said extending the ban to other sentencing hearings was an important next step in the reform.
The Western Power case
The expansion of the initiative followed the case of former senior Western Power manager Geoffrey David Spinner. In June, he was sentenced to five years in prison for raping a colleague during a work trip in 2024.
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The court materials included eight positive character references from his colleagues. The judge considered that they indicated the rape was uncharacteristic of the convicted offender. One colleague said Spinner had always treated her and others “respectfully and appropriately,” while another described him as a person with a “strong moral compass.”
Employee review
Three Western Power employees who provided the references were suspended from work for the duration of a review ordered by Energy Minister Amber-Jade Sanderson. She said the case had raised serious concerns about the use of positive character references and that convicted offenders should not gain an advantage from favourable recommendations during sentencing.
The state government said there was growing concern over the perception that people with professional status, standing in the community or extensive personal connections could receive more favourable treatment because of such documents. In New South Wales, character references are banned only in sexual offence cases, while the Victorian government announced in February its intention to abolish them in all cases.
