A Drug and Alcohol Treatment Order may be made notwithstanding that one of two suitability assessments recommends against suitability, where the court is satisfied on the totality of the evidence that the offender's drug dependence substantially contributed to offending and there are sufficient indicators of rehabilitation potential including periods of past abstinence, positive custodial behaviour, and commitment to treatment. The court confirmed that a DATO may be made where part of the sentence has already been served in custody, despite the requirement in s 80W for full suspension.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.