On an application to cancel a DATO under s 80ZE of the Crimes (Sentencing) Act 2005 (ACT), the court may treat the application as encompassing a review under s 80ZH and consider amending the order as an alternative to cancellation if suitable rehabilitative options exist. However, where no suitable alternative residential rehabilitation facility is available and the offender has demonstrated unwillingness or inability to comply, cancellation is appropriate. The sentencing principles applicable to youthful offenders apply on a sliding scale to offenders in their early to mid-20s, with diminishing weight as the offender approaches full adulthood.
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