Hawkins v. Van Heerden

The defendant was previously convicted of selling products designed to resemble a tobacco product in breach of s106(a) of the Tobacco Products Control Act 2006 (WA). The defendant had been selling e-cigarettes and nicotine-free 'e-Juice'. (See: Hawkins v Van Heerden [2014] WASC 127 (10 April 2014)).

In this decision, the Supreme Court imposed a fine of $1,750 for the offence and ordered the defendant to pay the costs of the trial and the appeal. In doing so, Pritchard J observed that it was not necessary to decide whether e-cigarettes were harmful to their users, because whether or not the product sold was harmful to human health was not an element of the offence under s106 of the Act. Rather, the purpose of s106 is to discourage the promotion of tobacco products and smoking by banning the sale of products which resemble tobacco products and contribute to normalising the activity of smoking.


Hawkins v. Van Heerden [No 2] [2014] WASC 226

  • Australia
  • Jun 24, 2014
  • Supreme Court of Western Australia


Plaintiff Bruce Michael Hawkins

Defendant Vincent Adam Van Heerden

Legislation Cited

Sentencing Act 1995 (WA)

Tobacco Products Control Act 2006 (WA)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product