Victim of paedophile John Wayne Millwood wants 'good character' references removed for sexual offenders

Millwood was charged in 2014, pleaded guilty in 2016 over the abuse that spanned from 1983 to 1989, and prior to his sentencing provided a range of character references to the court, including from seven members of Northern Tasmania's medical community.

These included comments that he was "ethical at all times", "endorsed a family friendly culture at Launceston Pathology" and was "a great contributor to the Launceston and Tasmanian community".

The sentence of four years' jail was appealed on a ground that insufficient weight had been given to the character references, but judges ruled these were ultimately irrelevant.

Tasmania's laws were reformed in 2016 to prevent courts from considering good character testimony if their perceived character assisted in committing the sexual offence.

The victim believed these laws were far too narrow, and has written to Premier Peter Gutwein, Attorney-General Elise Archer and Labor leader Rebecca White calling for further changes.

He argued that "good character" was irrelevant when considering sexual offenders, that it wasted the court's time in having to consider such references, and that such references could discourage victims of crime from reporting to police.

"I appeal to you to enact law reform in this area, not just because it is offensive to victims, but as clearly the efficacy and efficiency of the court is undermined," the victim wrote.

"When 'good character' referees are called they are required to testify before the court that they are aware of the paedophile's crimes, yet still believe the criminal is of 'good character'.

"It is for governments to protect the community and solve this absurdity in the law, because allowing good character references as a mitigation in the sentencing of paedophiles and sex offenders should have no place in our system of justice."

In December, a court ordered that the victim was entitled to $5.3 million in damages after being subjected to the prolonged abuse by Millwood.

Australian Lawyers Alliance criminal justice spokesperson Greg Barns SC said it should still be up to the courts to decide whether to consider character evidence.

"In recent years the courts in Australia have said that often little weight is to be given to good character evidence in sexual abuse cases because the nature of the crime is such that people who commit it often have no other convictions," he said.

"To ban its use would be unfair because the issue of what evidence can be used in cases must be a matter for the courts to determine otherwise injustices can result."

Ms Archer said in the Millwood case, the court had considered "good character" as irrelevant and did not give it weight in his sentencing.

She said the 2016 reforms went "further" than recommendations in the child sexual abuse royal commission.

"The Tasmanian Government closely monitors the implementation of these reforms by the courts to ensure that they operate as intended. To date, there have been no issues raised in this regard," Ms Archer said.