The Court cancelled a Drug and Alcohol Treatment Order following the participant's withdrawal of consent under s 80ZE(1)(e) of the Crimes (Sentencing) Act 2005 (ACT) and resentenced the offender rather than reimposing the suspended sentence. In exercising the discretion to resentence, the Court took into account 583 days already served in custody (including time accrued during the Treatment Order period), completion of a substantial portion of the Solaris rehabilitation programme while in custody, and the availability of a further rehabilitation programme at the Ngunnawal Bush Healing Farm. The remaining sentence was suspended on conditions including a rehabilitation program condition and supervision, the Court finding that structured community reintegration with close supervision better served community protection than parole in the circumstances.
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