A second drug and alcohol treatment order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) requires a compelling basis for confidence in the offender's capability to rehabilitate through that mechanism. A history of substantial non-compliance with community-based orders, including a previous failed treatment order, will weigh heavily against the imposition of a further treatment order, even where health services assess the offender as suitable. The court may instead impose imprisonment with a non-parole period designed to support rehabilitation through parole supervision.
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1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.