Benjamin Mark Douglas Ferguson in court for smoking on board Sydney to Proserpine flight

An interstate traveller who downed six pints of lager before his Sydney to Proserpine flight has faced court to explain why he ignored no smoking signs on board.

A long-time smoker using e-cigarettes to kick his taste for tobacco has faced court for giving in to his cravings on an interstate flight.

Rigger Benjamin Mark Douglas Ferguson, 35 ignored signs and verbal warnings aboard a Sydney to Proserpine Jetstar flight on November 25 where cabin crew witnessed him using an e-cigarette or vape in his seat four times.

Proserpine Magistrates Court heard Jetstar staff also suspected Ferguson of using the device in the toilet, watching him go into the stall three times during the 2.5 hour flight.

When police arrested him at Proserpine airport, he denied staff reports of his smoking and claimed to have a prescription for e-cigarettes but could not produce this at the time.

Ferguson pleaded guilty to one charge of smoking in an aircraft – notice displayed.

His explanation for the offending was that he was intoxicated after downing six pints of lager at Sydney airport.

He told the court he had began using e-cigarettes in the past year in an effort to quit smoking 50 grams of tobacco a week.

He had tried other methods including hypnosis and patches but found these to be “a complete waste of money”.

“I’ve been smoking since I was 16 – last year was the first year I physically started coughing and bringing up stuff,” he said.

“The only thing I’ve found that negated [the cravings] were these disposable vapes.”

Ferguson exits Proserpine Magistrates Court on Monday, January 10, 2022. Picture: Kirra Grimes

Defence lawyer Rosemary Varley argued e-cigarettes could be considered less dangerous to smoke on a plane than tobacco cigarettes as they did not require ignition by a lighter.

She said her client had no criminal history and was “normally an upstanding citizen”.

Magistrate James Morton maintained Ferguson’s behaviour was “very odd” for a mature-aged person and demonstrated a lack of regard for his fellow travellers’ health and safety.

“Everybody knows you don’t smoke on a plane — it’s common sense,” Mr Morton said.

“It’s like driving on the wrong side of the road — you don’t do it because it’s dangerous and it’s not allowed.

“What gives you the right to go and smoke in a plane when you’re up in the air and other people have to suck in your toxins? You might have people who are asthmatic or something like that.”

Mr Morton sentenced Ferguson to a $400 12-month good behaviour bond and ordered he forfeit two vapes and a lighter confiscated at the time of his arrest. No conviction was recorded.