Sentencing for alleged vape seller adjourned as prosecution seeks stiffer penalties

A district judge on Aug 25 called for the sentencing of an alleged vape seller to be adjourned, after the prosecution said it was seeking harsher penalties.

Orison Toh Chun Kee, 28, was supposed to plead guilty to two charges of selling and possessing e-vaporisers.

Toh had allegedly contacted a prospective buyer via Telegram on July 30, 2024, offering vapes for sale.

He was said to have more than 1,533 sets of e-vaporisers and another 106 sets of disposable e-vaporisers in his car on Sept 3, 2024.

Another two charges were to be taken into consideration for sentencing.

During court proceedings on Aug 25, Health Sciences Authority (HSA) prosecutor Jolene Chia said the prosecution would like to relook its sentencing submissions, as District Judge Wong Li Tein had given instructions to HSA on Aug 21 to do so for both vape and Kpod (etomidate-laced vape) offences.

On Aug 21, District Judge Wong Li Tein, who was presiding over a case of a woman accused of helping another individual to purchase five vape devices over WhatsApp, had said it was no longer feasible to rely on dated precedence due to the increased public interest in vape-related cases.

Said Ms Chia: “In the light of District Judge Wong’s instructions, we might be submitting for stiffer penalties, but we need to relook sentencing as a whole.”

The prosecution was initially seeking one week’s jail and a fine for Toh.

Toh’s defence lawyer, Mr Sameer Amir Melber from Gabriel Law Corporation, objected to the adjournment, saying the matter had been fixed for a guilty plea in July, and had already been adjourned to Aug 25.

Presiding District Judge Wong Peck, however, agreed with the prosecution, noting that a relook into the overall position on vapes was ongoing.

“We want to ensure parity in sentencing,” she said.

Under current laws, Toh could be fined up to $10,000 and jailed for up to six months for possessing vapes and their related components for sale.

On Aug 24, Health Minister Ong Ye Kung said the Government is taking steps to strengthen the enforcement framework for vape and Kpod users.

Etomidate, which is increasingly being abused through Kpods and devices, will also be listed as an illegal drug from Sept 1.

Once etomidate is reclassified under the Misuse of Drugs Act, abusers of the substance will face harsher penalties, such as a maximum sentence of 10 years’ jail and a $20,000 fine for illegal possession and use.

Those who traffic in Class C drugs may be jailed for up to 10 years and given five strokes of the cane.

This is compared with the maximum penalty of two years’ jail and a $10,000 fine for possession, use and trafficking under the Poisons Act.

Toh’s case will be heard again on Sept 25.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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