A court may make a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) despite a recommendation of unsuitability from ACT Corrective Services, where the offender's drug dependency substantially contributed to the offending, the offender shows emerging willingness to engage in rehabilitation, and concerns about accommodation and non-compliance history can be addressed through the conditions of the order. The statutory residence requirement under s 12A(2)(a)(iii) requires only that the offender will live in the ACT for the term of the sentence and does not prescribe the quality or desirability of residential arrangements.
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
8 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.