The Court cancelled a Drug and Alcohol Treatment Order under s 80ZD(3) of the Crimes (Sentencing) Act 2005 (ACT) after the participant committed further offences while subject to the order, and imposed the original suspended sentence of two years, nine months and eight days rather than resentencing. The Court held that where a participant had been given multiple opportunities to rehabilitate — including a residential rehabilitation placement from which he absconded — and had shown little to no effort at rehabilitation, the imposition of the original sentence was compelling. The Court exercised its discretion under s 71(2) to make the reimposed sentence partially concurrent with the existing Magistrates Court sentence for totality purposes, and set a non-parole period of two years commencing from the date of the breach offending.
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