DPP v Smith [2019] VCC 838

Sentence summary: Rape

A man who raped his daughter’s teenaged friend and then paid to have her assaulted was jailed.

Wayne Smith, 47, was sentenced to seven years and six months prison with a non-parole period of 5 years.

A jury found the offender guilty of one charge of rape, making a threat to kill and attempting to pervert the course of justice as well as several summary charges.

The Court heard how the offender took the 15-year-old victim for a ride on his buggy one evening, which he eventually parked in a neighbouring paddock and forcibly raped the victim after dragging her to the ground.

He then told the victim he would kill her if she ever told of what happened.

The offending took place near the remote bush property of the offender’s partner, where he had been staying with his partner, daughter, the victim and another friend.

The presiding judge said the offending was premeditated, albeit unsophisticated, which aggravated the offending.

“You obviously thought about what you were going to do and how you were going to execute your plan which was to isolate the victim from the rest of the party to give you the opportunity to rape her,” the judge said.

The Court heard how the offender then organised, along with his partner, to pay two people to film an assault of the victim for going to the police.

“That you threatened to kill the victim immediately after you raped her must have instilled further fear in the victim.,” the judge said.

“That was your intention and she remained silent as to the rape when she returned to the campsite and she did not immediately go to the police.

“The community simply will not tolerate 45-year-old men raping 15 year old girls and then threatening to kill them and then having them bashed when they bring a complaint of rape in order to threaten them and dissuade them from giving evidence,” the judge said.

The victim told the Court through an impact statement that she felt partly to blame and could no longer trust any man in her life.

When deciding upon the sentence, the presiding judge said they took the matter of the offender’s difficult childhood and rare blood condition into account.

“I accept that unless you receive proper treatment for (the condition) you are at risk of imprisonment having a gravely adverse effect upon your health.”

The judge noted that the offender maintained his innocence the entire way through, as is his right, but was not surprised by the jury’s verdict.

“I am not surprised the jury rejected your evidence which I found to be most unconvincing,” the judge said.

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Page last updated: 5 May 2020