An ICO may be imposed for reckless infliction of grievous bodily harm (s 20 Crimes Act 1900 (ACT)) notwithstanding an ICO assessment finding the offender unsuitable due to drug dependence, where the rehabilitative purpose of the ICO would be served. The blanket exclusion of s 20 offences from DATO eligibility under s 12A(9) of the Sentencing Act may be disproportionate given the significantly greater magnitude of the other offences in the 'serious violence offence' definition. A 25% guilty plea discount may be appropriate where delay in entering the plea was attributable to matters outside the offender's control (awaiting forensic evidence).
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