The term 'reconsider' in s 12(1) and (2) of the Drug Court Act 1998 (NSW) requires the final sentencing judge to take into account the matters in s 12(2) but does not require a complete resentencing exercise that disregards the initial sentence. However, the final sentencing judge is not limited to the matters in s 12(2) and may hand down a different sentence for offences subject to the initial sentence in light of new evidence or submissions. Where significant new evidence of an offender's background of social deprivation emerges at the final sentence hearing, the Bugmy principles require that evidence to be applied to all offences being sentenced, including those subject to the initial sentence.
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