R v Blackburn (No 3)

In the Supreme Court of the Australian Capital Territory, the Crown sought the cancellation of a Drug and Alcohol Treatment Order imposed on Jake Blackburn. The Crown also sought to impose the original custodial sentences of Blackburn, which had been suspended under the terms of the Treatment Order. The court was required to decide whether the grounds for cancellation of the Treatment Order were made out and, if so, what orders should be made in relation to the original custodial sentences. The court found that the grounds for cancellation were made out and imposed the original sentences, less 42 days for time served, with a non-parole period of 16 months. The court also cancelled the Drug and Alcohol Treatment Order and a Good Behaviour Order.

The court found that the grounds for cancellation were made out because Blackburn was unable to comply with the Treatment Order, he was unwilling and unlikely to comply, the continuation of the Treatment Order would not achieve its objects and he posed an unacceptable risk to the safety and welfare of a person. The court noted that Blackburn had breached the Treatment Order on multiple occasions and had left residential rehabilitation facilities on more than one occasion. The court also noted that, while Blackburn had pleaded guilty to 14 offences, he had not pleaded guilty to further serious offences allegedly committed while on the Treatment Order, including assault, possession of an offensive weapon and aggravated robbery. The court found that the failure to comply with the Treatment Order, and the further offending, justified the cancellation of the Treatment Order.