R v Lyons (No 2)

The case of R v Lyons (No 2) involved Carl Lyons, who was subject to a Drug and Alcohol Treatment Order (a Treatment Order) made under s 12A of the Crimes (Sentencing) Act 2005 (ACT). Lyons had been sentenced to a total of two years' imprisonment, suspended pending his compliance with the Treatment Order, which required him to complete a residential drug rehabilitation program at Canberra Recovery Services. Lyons was discharged from the program and failed to report to ACT Corrective Services as directed, prompting the Crown to apply for cancellation of the Treatment Order. The legal issues before the Court were whether the grounds for cancellation of the Treatment Order had been made out, and if so, whether the Court should exercise its discretion to cancel the Order. The Court found that the grounds for cancellation had been made out, and the withdrawal of Lyons' consent to the Treatment Order justified cancellation. Additionally, there were no suitable alternatives for treatment available to Lyons at that time.

The Court exercised its discretion to cancel the Treatment Order, as Lyons had indicated his consent to cancellation and had had time to reflect on his decision. The Court found that releasing Lyons into the community would not be appropriate due to his substantial history of non-compliance with community-based orders, his inability to identify suitable accommodation, and his lengthy criminal history with a pattern of frequent offending. The Court also considered that Lyons had been charged with other offences while the Treatment Order applied to him, necessitating suspension of the treatment and supervision part of the Order. Given the circumstances, the Court decided to cancel the Treatment Order rather than defer consideration until the completion of the proceedings for the fresh charges. The Court then imposed the original sentence, reduced by any period served in custody under the treatment and supervision part of the Treatment Order, and set a non-parole period of 18 months.