An offender's history of non-compliance with every prior community-based order and bail conditions granted specifically for rehabilitation purposes renders the offender unsuitable for a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT), notwithstanding expressed motivation for rehabilitation. The prospect of visa cancellation under s 501 of the Migration Act 1958 (Cth) is a burden that may be taken into account in sentencing but cannot justify a shorter or inappropriate sentence or a Treatment Order imposed to avoid deportation.
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