When cancelling a Drug and Alcohol Treatment Order under s 80ZE(1)(c), the court must consider whether any amendment to conditions could justify continuation before cancelling. Partial rehabilitation success (such as completion of a residential program) may not justify re-sentencing but may justify a reduction in the non-parole period. The unavailability of residential rehabilitation programs is a relevant factor in the cancellation decision but does not of itself require the court to maintain the order with community-based conditions that are unlikely to be effective.
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