The ability for convicted criminals to rely on good character references from family, friends and colleagues to reduce their sentences will be banned in Western Australia, after three government employees were stood down for supporting a former colleague convicted of rape.
The WA government has rushed to ban the practice after revelations three Western Power staff provided references to a senior manager who was jailed for raping a former colleague on a work trip.
Currently, judges can reduce the sentences of convicted criminals based on character references provided to the court.
Work had already been underway to end the practice in child abuse cases, but the Cook government was pushed into taking further action after the Western Power saga was made public.
Jeffrey David Spinner, 59, was sentenced to five years in jail after taking a female colleague to his hotel room when she was heavily intoxicated in 2024, and assaulting her.
Court transcripts included eight positive character references from his colleagues which the judge found indicated the rape was “out of character”.
Western Power employee Jeffrey David Spinner (right) was in June sentenced to five years in jail for the rape of a colleague in 2024.
(Facebook: Jeff Spinner)
One Western Power colleague said Spinner had always acted “respectfully and appropriately” towards her and others, while another described him as having a “strong moral compass”.
Three of those colleagues have been stood down pending a probe ordered by Energy Minister Amber-Jade Sanderson, who today announced there would also be an independent cultural review into the utility.
‘Favourable’ treatment
A government statement noted there had been “growing concern” about a perception people with “professional standing, community status or strong personal networks” were getting “favourable” treatment as a result of good character references.
The state’s leading family and sexual violence advocate had warned the practice allowed unreliable evidence into courtrooms and risked making victims feel they were to blame.
Attorney-General Tony Buti said legislation currently being drafted would be expanded to ban references for all crimes, saying the reforms were incredibly important.
Tony Buti says the changes will apply to all criminal cases. (ABC News: Keane Bourke)
“We have heard from victims, particularly child sex abuse victims and domestic violence victims, that they feel re-traumatised when they have to hear that their offender is a ‘good bloke’.
“Too often someone’s supposed good character is actually helping facilitate their offending.
“We’re putting an end to that with the government introducing these reforms to the sentencing act, which we will introduce next year.”
‘Good bloke defence’
A snap review of the Western Power case, and the utility’s handling of the matter, was expected to be completed around the start of this week.
Energy Minister Amber-Jade Sanderson said the case had highlighted “significant concern” about the use of good character references.
“It is clear that the public doesn’t support good character references. I don’t support them either,” she said in a statement.
“Put simply — convicted criminals shouldn’t have the benefit of glowing references when it comes to sentencing.
“Today’s announcement is a sensible move which will ensure our court processes meet community expectations and bring WA into line with other jurisdictions.”
Speaking at a press conference, Ms Sanderson said “the ‘good bloke’ defence simply doesn’t stack up”.
The New South Wales Parliament earlier this year passed laws to ban character references in all criminal cases.
In February the Victorian government announced it planned to scrap good character references in all cases.
Western Power cultural review ordered
It was also announced that an independent cultural review will be launched into Western Power.
“As a state-owned utility, I expect a high standard of Western Power. That standard has not been met,” Ms Sanderson said.
“I’ve been concerned about the evidence that has been presented to my office and Western Power.
“We have received a number of complaints. They range from the very serious to minor misconduct.”
Amber-Jade Sanderson says the “good bloke” defence does not stack up. (ABC News: Keane Bourke)
The minister was pressed on the matter, and she confirmed they had received one other serious, credible and possibly criminal complaint relating to historical sexual assault.
Western Power chief executive Gair Landsborough said it had been a challenging few weeks for the organisation and internal investigations had highlighted cultural issues and allegations of bullying.
Mr Landsborough said he expected the organisation would benefit from the independent review, which would consider employee experiences, how standards are set, training and reporting pathways.
“There’s no place for bullying or misconduct in our workplace,” he said.
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