Published 17 October 2024
Oral judgment — selling regulated products to people under 18 — breaching obligations as retailer — breaching labeling and packaging requirements — vaping — Smokefree Environments and Regulated Products Act 1990, ss 40, 50, 51 & 65. The defendant was charged with multiple breaches of the Smokefree Environments Act. Most of the offending involved selling vaping products to children. Some of the customers were as young as 13 and the defendant had never asked for proof of age ID. He had also supplied unpermitted vape flavours, and sold cigarettes in a way that breached labeling and packaging requirements. Since being charged, the defendant had fled to China and was unrepresented at proceedings. However the Court quickly found the charges proved and proceeded to sentence. The Court noted the importance of deterring this type of offending, given that nicotine is highly addictive and harmful. The offending was aggravated by premeditation, repeat offending and being motivated by financial gain. Evidence showed that the defendant had made mocking comments on social media about child drug addicts. The Court ordered a fine of $56,000 plus costs of $500. Judgment Date: 27 August 2024
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