Vape seller gets 8 times the jail term HSA originally sought after court-directed review

Toh was found to have a total of 1,639 vaporisers, including those found in his car, meant for sale.

Toh said he had planned to make a business selling vapes and had a few prospective customers but did not manage to do so in the end.

SENTENCING SUBMISSION 

Initially, the HSA prosecutor had sought one week’s jail and a fine of S$1,500.

However, a judge gave directions to HSA to relook sentencing submissions for all vape offences and the case was adjourned a few times.

On Wednesday, HSA prosecutor Jolene Chia said the sentence sought had been increased to 12 weeks’ jail and a S$3,000 fine based on the increased prevalence of vape offences, and given the directions of the government and the judiciary.

She cited Prime Minister Lawrence Wong’s speech at the National Day Rally last year, where he announced increased enforcement against vaping.

On top of this, District Judge Wong Li Tein had stated in open court in August 2025 that vape offences might face harsher penalties, and there was a need to reconsider sentences for such offences and not rely on outdated precedents.

The judge had stated that enhanced punishments were justified to deter others and that deterrence was paramount to show that such conduct will not be tolerated.

As a result, HSA calibrated a new sentencing approach for vape sentences, which states among other things that jail will be warranted for offenders whose crimes involve more than 19 pieces of vapes and vape components.

ALWAYS INTENDED TO PLEAD GUILTY: DEFENCE

Toh’s lawyer, Mr Sameer Amir Melber from Gabriel Law, said his client had indicated a guilty plea from the start.

He said the defence found it “difficult to come to common ground” as to how the prosecution was increasing the sentencing position by such a high amount.

“There is a dearth of reported case law on these cases. There are no High Court binding precedents,” he said.

He said his client had always intended to plead guilty and initially was faced with one week’s jail as sought by the prosecution.

“He is now, through no delay, through no fault of his own, been made to face much harsher sentencing positions although no new facts have been uncovered,” said Mr Sameer.

He said his client was not a syndicate member and there was no transnational element to the offence, and no evidence “at all” that etomidate was involved in his case.

He said that his client, who committed the offence well before the new laws, should not have justice delayed.

Singapore implemented harsher penalties for vaping offences from September 2025.

In sentencing, District Judge Terence Tay said the role of the accused was critical in such illicit operations.

He said vaping was clearly “an increasing problem in Singapore” and seems to be affecting younger people, posing public health issues.

Detection of such activities is also extremely difficult, and stiff sentences are warranted, he said.

However, he said the court in sentencing has to take into account the sentencing range prescribed by law, and the sentencing approach proposed by the prosecution in this case may lead to “clustering above the 50th percentile of the sentencing range”.

For possessing vapes for sale, Toh could have been jailed for up to six months, fined up to S$10,000, or both.

He faced the same penalties for offering vapes for sale on Telegram.