Penalties and Sentences Act 1992

In making an order under section 151O, the court must have regard to—

the extent to which the offender has otherwise complied with the treatment order; and

whether the subsequent offence is trivial having regard to—

the nature of the subsequent offence and the circumstances in which it was committed, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and

the proportionality between the culpability of the offender for the subsequent offence and the consequence of making the order; and

the antecedents and any criminal history of the offender; and

the prevalence of the original and subsequent offences; and

the motivation for the subsequent offence; and

the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and

any special circumstance arising since the original sentence was imposed that affects whether it would be just to make the order.

In this section—original offence means the offence for which a term of imprisonment has been suspended under section 151N(1)(b).original sentence means the sentence imposed for the original offence.subsequent offence means the offence committed during the operational period of a treatment order.