The imposition of a sentence under s 80ZE(2)(a) of the Crimes (Sentencing) Act 2005 (ACT) following cancellation of a Drug and Alcohol Treatment Order involves only a limited exercise of judicial power — determining a non-parole period and whether to reduce the sentence for time served in custody under the Treatment Order. It does not permit a wholesale redetermination of the original sentence. An offender who wishes to challenge the original sentence as manifestly excessive must appeal that sentence directly. The interaction between s 80ZE(3) and the general sentencing provisions (ss 63 and 65) remains unresolved.
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