When imposing a Drug and Alcohol Treatment Order, the sentencing judge must first determine the appropriate sentence by reference to ordinary sentencing principles and current sentencing practice, and only then consider whether a DATO is available, without tailoring the sentence to fit within the four-year DATO eligibility threshold. The range of sentences for trafficking in a commercial quantity of 1,4 butanediol is between 2 and 5½ years, and the Gregory uplift has an increasingly diminished effect in the middle and lower categories of seriousness.
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