The Court cancelled a Drug and Alcohol Treatment Order under s 80ZD(3) of the Crimes (Sentencing) Act 2005 (ACT) as mandatory upon the offender's conviction for fresh offences in the Magistrates Court, and elected to impose the suspended custodial sentence rather than resentence, given the offender's early and persistent non-compliance with the Treatment Order and absence of any demonstrated rehabilitation. The sentence of three years seven months and nine days imprisonment was backdated to account for 10 days of provisional suspension and to achieve partial concurrency with the Magistrates Court sentence, with a non-parole period of two years set at slightly above 50% of the total term.
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