Singaporean engineer Orison Toh Chun Kee, 29, was sentenced to eight weeks in jail on Wednesday (Jan 7) for possessing and offering electronic vaporisers for sale. The sentence represents a significant increase from the initial one week proposed by the prosecution.
Increased Penalties Reflect Shifting Approach
Toh was found to be in possession of 1,639 vaporisers, including those found in his car, with the intent to sell them. He had been earning S$10 (US$7.80) per delivery since February 2024. The Health Sciences Authority (HSA) initially recommended a one-week jail sentence and a S$1,500 fine. However, following a court directive to review sentencing for all vape offenses, the proposed penalty was increased to 12 weeks’ jail and a S$3,000 fine.
The increase in the proposed sentence followed a directive from a judge to reconsider vape sentencing guidelines, and was influenced by Prime Minister Lawrence Wong’s announcement of increased enforcement against vaping during last year’s National Day Rally. District Judge Wong Li Tein had also stated in August 2025 that harsher penalties were justified to deter such offenses.
Defense Arguments
Toh’s lawyer, Mr. Sameer Amir Melber, argued that the increased sentencing was disproportionate, given the lack of established case law for vape offenses. The defense also emphasized that Toh had intended to plead guilty from the start and that no new facts had emerged to warrant the harsher penalty. They further noted that there was no evidence linking Toh to a larger syndicate or the involvement of etomidate, an anesthetic agent found in some vape products (Kpods) and classified as a Class C drug as of September last year.
District Judge Terence Tay acknowledged the difficulty in detecting these activities and the need for deterrence, but also noted the importance of remaining within the legal sentencing range.
What Might Happen Next
It is likely that we will see continued scrutiny of vape-related offenses in Singapore, with prosecutors potentially seeking increasingly severe penalties, particularly for larger-scale operations. The HSA’s new sentencing approach, which warrants jail time for offenses involving more than 19 vape components, could lead to a rise in the number of individuals facing custodial sentences. Courts may also continue to prioritize deterrence in their sentencing decisions, given the perceived public health risks associated with vaping.
Frequently Asked Questions
What was the original sentence proposed by the prosecution?
Initially, the prosecution sought a one-week jail sentence and a S$1,500 fine for Orison Toh Chun Kee.
What prompted the increase in the proposed sentence?
A court directed the Health Sciences Authority (HSA) to relook sentencing submissions for all vape offences, and the prosecution increased the sentence based on the increased prevalence of vape offences and government directives.
What was the total number of vaporisers found in Toh’s possession?
Toh was found to have a total of 1,639 vaporisers, including those found in his car, meant for sale.
As Singapore grapples with the rising prevalence of vaping, particularly among younger demographics, what role should public health messaging play in discouraging the use of these products?