1Where an offender subject to a Drug and Alcohol Treatment Order is remanded in custody on subsequent charges, the continuation of the treatment and supervision component is unlikely to achieve the objects of the order, justifying cancellation under s 80ZE of the Crimes (Sentencing) Act 2005 (ACT).
2Under s 80ZE(2), the choice between imposing the originally suspended sentence and resentencing is discretionary; where the offender achieved very little rehabilitation and completely disengaged from treatment before arrest, imposition of the suspended sentence rather than resentencing is appropriate, applying Figura v DPP [2025] ACTCA 48 at [49].
3Totality considerations remain relevant when imposing the suspended sentence following cancellation, particularly where the offender has spent time in custody referable in part to the same offences.
