Andrew L. Urban
First and only-time child sex abuse offenders who are wrongfully convicted will lose the minor mitigating factor at sentencing if good character references are no longer accepted in the wake of the NSW government’s move to introduce new laws on Wednesday, Feb 4, 2026 to scrap the “good character” provision for all offences.
The good character of an offender has had to be taken into account in NSW during sentencing, with the exception being cases involving child sexual offences under what is known as the “special rule”. The provision has led to growing calls from child sexual abuse survivors for governments to change the laws with a petition launched in 2023 by survivor-advocates Harrison James and Jarad Grice amassing more than 4300 signatures. A subsequent NSW Sentencing Council review into the use of “good character” has now also recommended it be scrapped, with its report questioning its relevance while declaring it to be traumatising for victims.
No consideration, though, for the other victims; the victims of wrongful convictions. We have reported on three specific cases (a fraction of the total) in which good character references were the only factors supporting the accused. In all three cases, the accusations were the only evidence against the accused and the accused had no previous convictions of any kind.
40 years ago I was found guilty of sexual assault of a policeman’s girlfriend who shortly after becoming constable Gallagher’s wife. I had given a list of names of people buying drugs from constable Gary Nowlan to constable Clive Maclachan a 3 pipper. Mrs Gallagher was found with 3 DNA , my DNA was not present, She lied though the trial & wouldn’t answer questions 60 times. She got dressed @ work & left work early that night & Mack closed up on his own, She gave evidence she took a taxi home to Gallagher. The Police Judge shopped. I still suffer badly today & wonder where I go next. I would love to clear my name, I have all the paperwork.