20 May 1997
An appellate court may substitute a short immediate custodial sentence with a probation order including residence, work and treatment conditions where the offender's mental health justifies rehabilitation and the court considers probation an appropriate last chance despite prior defaults by the offender.
13 Jun 1990
Because the trial judge indicated the applicant might secure assistance and did not address a contemporaneous offer of rehabilitation from SARDA when imposing imprisonment, and because the judge's change of course was unexplained, the Court of Appeal was entitled to allow the appeal and substitute a probation order; fairness requires clear indication to a defendant if imprisonment remains a likely outcome when offering an apparent further opportunity for assistance.
23 May 1986
The phrase 'requirements' in s5(1) must be read as limited to supervisory measures apt to prevent renewed addiction and to facilitate supervision and medical examination; a general requirement that a supervisee 'lead a law‑abiding and honest life' falls outside that statutory scope and is ultra vires, warranting quashing of the resulting conviction and setting aside of the sentence.
3 Sept 1971
The court set aside the nine month sentence and imposed 12 months probation with the condition of attendance at Shek Kwu Chau because SARDA was willing to accept and treat the appellant; magistrates should not impose probation conditions requiring attendance at a voluntary treatment centre without first confirming the centre's willingness to accept the offender.