Pre-sentence residential drug rehabilitation in the ACT should be taken into account as a factor moderating the sentence rather than by backdating the sentence under s 63 of the Crimes (Sentencing) Act 2005 (ACT), as backdating can give a false sense of mathematical precision and obscure the value of rehabilitation. A plea of guilty entered at or in connection with a Criminal Case Conference in the ACT Supreme Court ordinarily attracts a discount of 15% to 20%. When making a Drug and Alcohol Treatment Order, the sentencing exercise should be completed separately from and prior to the making of the order, to ensure compliance with s 12A(5) which prohibits imposing a lesser sentence only to allow the order.
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