Where a DATO is cancelled under s 80ZD(3) of the Crimes (Sentencing) Act 2005 (ACT) because the offender is convicted of further offences attracting imprisonment, the court has no discretion to re-sentence and must impose the original suspended sentence. Periods of pre-sentence custody and custody under the DATO are taken into account by backdating. Multiple failures at rehabilitation do not deny an offender further rehabilitation opportunities provided there is a rational basis for them. Offending while on conditional liberty under a DATO constitutes a breach of trust requiring a more severe sentence.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.