When a DATO is cancelled under s 80ZE of the Crimes (Sentencing) Act 2005 (ACT), the primary judge may impose the original sentence of imprisonment and is not required to resentence. The non-parole period may be reduced to give credit for rehabilitation efforts during the DATO, even where those efforts were ultimately unsuccessful. A non-parole period of approximately 56% of the head sentence is within the permissible range, particularly where the offender has an extensive criminal history.
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