When resentencing following revocation of a Residential Treatment Order, the sentencing judge is required to account for time spent in a secure residential facility as part of the instinctive synthesis, applying Akoka principles, but is not required to give day-for-day credit. The extent of the offender's compliance with the order is a relevant factor under s 82A(6) of the Sentencing Act 1991. A non-parole period of 50% of the head sentence may be appropriate where community protection concerns are balanced against significant mitigating factors including intellectual disability.
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