Supposing that a Defendant who is as "sick" as OBS commits also a serious offence, such as culpable homicide not amounting to murder, just like the Hero Uncle @ Boon Tat street. The offence warrants an imprisonment for life or up to 20 years with a fine or caning.
There is no running away from a jail sentence. But he is as sick as OBS, and he cannot afford to fall as any accident while in custody will endanger his life. So do we have to worry about possible accidents while in custody ? Should the law have mercy on him and let him be incarcerated in Mt. Elizabeth or Raffles Hospital ? Obviously what is good for the goose is good for the gander.
Scenario 2
Supposing OBS is not as rich as he now is,
but a poor fuck blue CHAS living from CDC voucher to CDC voucher. He cannot afford $30,000 (I wanted to use
@sbfuncle as an example, but obviously
@sbfuncle can afford even $300,000

). If the Court is so worried about his health that he might fall and die in prison, what is the Court going to do ? He has no money. How ? Let him go ?
KNN.
In my opinion, if he deserves a jail sentence, the Court should just administer the law according to the severity of his crime, and not worry about his health condition. The buck should rest with the Director of Prisons. Once he is sent to the prison, it is for the Director of Prison to decide if the conditions in prison will pose an immediate danger to his life, and it is for the Director of Prison to recommend other alternatives.
When sentencing, the Court should only consider the law, and not the health condition of the accused. If not, if he goes out now to commit a crime that carries only a jail sentence and no alternative for a fine, what is the Court going to do ? The same humanitarian considerations the Court excused him for the first time will apply
mutatis mutandis to the 2nd time.
@Boonsiong 有沒有道理?