A negative suitability assessment by Corrective Services for a drug and alcohol treatment order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) is not determinative where the offender's previous non-compliance with court orders is attributable to substance dependency rather than calculated disregard. Courts may structure multiple sentences using the totality principle to preserve eligibility for a treatment order without imposing a lesser sentence than the circumstances require. The promotion of community protection as a sentencing purpose contemplates enduring protection, which for substance-dependent offenders may best be achieved through rehabilitation.
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