Character references are written statements presented to a court to provide information about a person’s background, behaviour, and reputation. In Western Australia, they may be considered during sentencing but do not determine the outcome of a case. The weight given to a character reference depends on its relevance, accuracy, and the circumstances of the matter.
What Is a Character Reference?
A character reference is a written statement prepared by someone who knows the person before the court. It usually outlines the writer’s relationship with the person, their observations of behaviour, and relevant personal qualities. The purpose of a reference is to assist the court in understanding aspects of the individual beyond the offence itself. It does not replace evidence or legal argument.
When Character References Are Used
Character references are most commonly provided during sentencing, after a person has pleaded guilty or been found guilty. At this stage, the court considers factors such as personal circumstances, prior history, and conduct. References are not generally used to determine whether an offence occurred. Their role is limited to providing context for sentencing considerations.
What Courts May Consider
Courts may consider the content of a character reference as part of a broader assessment. This can include the person’s general behaviour, contributions to the community, and the impact of the offence on their life. The influence of a reference varies depending on the seriousness of the offence, the strength of the evidence, and other legal factors. A reference does not guarantee any particular outcome.
Who Can Provide a Character Reference
A character reference may be written by an employer, colleague, family member, or someone else who knows the person well. The writer should be able to provide genuine and relevant observations. The court may place more weight on references from individuals who have direct knowledge of the person’s behaviour and who understand the seriousness of the matter.
Content and Relevance
For a reference to be useful, it should be accurate, relevant, and clearly written. It may include information about the writer’s relationship with the person, how long they have known them, and observations about their character. References that are overly general or do not address the circumstances of the matter may carry less weight. Courts may also consider whether the writer is aware of the offence.
Limitations of Character References
Character references are only one factor considered during sentencing. Courts must apply legislation, sentencing principles, and case law when determining an outcome. Even strong references do not override the seriousness of an offence or the need for appropriate penalties. They should be viewed as supporting information rather than decisive evidence.
