Non-compliance with a Drug and Alcohol Treatment Order will ordinarily result in imposition of the suspended sentence, but resentencing may be appropriate where the cancellation occurred near the end of the treatment period, there was delay in finalising the review not wholly attributable to the offender, and the offender's mental health challenges were not fully appreciated at original sentencing. Time spent in residential rehabilitation is to be taken into account in determining the appropriate disposition but not necessarily on a day-for-day basis with custody.
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