Benjie Tari Nishai Seru (right) leaves the ACT courts earlier this month. Photo: Albert McKnight.
A young man enjoyed the money he made from driving around Canberra selling illegal vapes, a court heard before he was spared being sent to jail.
Over August to October 2024, Benjie Tari Nishai Seru was involved in importing and attempting to import vaping goods, which had recently been made illegal, Magistrate James Lawton said on Monday (28 July).
He was also involved in the sale of vaping goods.
When police raided his home, they seized steroids and about $3000 in cash, which was suspected of being the proceeds of crime.
Magistrate Lawton told the ACT Magistrates Court that Nishai Seru had known his co-offenders since school and knew selling vapes was illegal.
He thought about stopping his involvement, but was wary about doing so as he was conscious of the damage that would cause to his relationships with the co-offenders.
He went on to admit that he enjoyed the income from the illegal activities, the magistrate said.
During a sentencing hearing last week, the prosecutor said Nishai Seru had tried to possess about 600 vapes, and police found almost 300 vapes at his home.
She said he had been proactively advertising the sale of vapes in internet chatrooms and was driving around selling vapes from his car during the day and night.
The sale of vapes had been banned except through pharmacies by prescription from medical practitioners, the prosecutor said.
Defence lawyer, David Bloomfield from Legal Aid, said his client was 20 years old at the time and may not have appreciated how vapes could have a serious impact on people’s health.
Mr Bloomfield said his client had been a vulnerable young man and his co-offenders likely exploited that vulnerability. His role was as a “lackey”, the lawyer said.
“He’s completely walked away from those involved in the offending,” Mr Bloomfield said.
“It’s hard to imagine someone with stronger prospects of rehabilitation.”
The prosecutor accepted Nishai Seru’s offending wasn’t as serious as that of his co-offender, 24-year-old Phuc Tran, who was sentenced to one year’s jail earlier this year.
A total of five people had been charged over the investigation, she said.
Nishai Seru pleaded guilty to five charges, including attempting to possess a commercial quantity of vaping goods, possessing a commercial quantity of vaping goods and supplying vaping goods.
He also pleaded guilty to possessing the proceeds of crime and possessing anabolic steroids.
Magistrate Lawton took into account his youth, his lack of prior criminal history, and his strong prospects for rehabilitation.
Nishai Seru was convicted and sentenced to nine months’ imprisonment, which was fully suspended, allowing him to complete an 18-month good behaviour order. He was also fined $2000.
“I genuinely hope this is the last time you come before the courts,” the magistrate told the now-21-year-old.
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