William Smith to avoid jail over 2019 Gippsland crash that killed Steven Smeltzer

A man who killed a young father on a Gippsland road in 2019 will “never forgive himself” as he learnt his fate.

A man who killed a 35-year-old father on his way home from work in a horrific crash won’t face jail time after a judge said there was no “intention” behind the incident.

William George Smith, 37, faced the County Court sitting in Latrobe Valley on Friday after he plead guilty to one charge of dangerous driving causing death.

He was sentenced to a “significant” community corrections order which included 350 hours of community service.

On October 15, 2019, Smith was driving home from work on Sale-Toongabbie Rd when he failed to give way at the Dennison Rd intersection in Nambrok.

His Toyota Hilux collided with a Hyundai Getz, driven by 35-year-old victim Steven Smetzer.

Smith called triple-0 and was performing CPR on Mr Smetzer when police arrived, an act which the court heard was “not common”.

Tragically, the father of a seven-week-old daughter could not be revived and died at the scene.

The court heard Smith told investigators at the scene he had “slowed down” as he approached the intersection but then “sped up” as he hadn’t seen anything coming.

“I f---ing missed him. I don’t know how I missed him,” he said.

The court heard investigators discerned Smith was travelling about 88km/hour and as he approached the intersection and “continued to coast” before he sped up and failed to give way.

The victim’s wife, Tabitha Smetzer, became worried when her husband did not return home from work.

She went looking for him, only to discover emergency services had closed the road.

It was there she was told the tragic news.

“It is hard to imagine a more shocking experience,” Judge John Smallwood said at sentencing.

Ms Smetzer made a victim impact statement which was read aloud in court.

She said she had lost her “husband and best friend” and just as she was adjusting to becoming a new mum she had also “become a widow”.

Ms Smetzer said she now dreaded every milestone for the couple’s first child, Ella, because her husband wouldn’t be there to see them.

“Ella was Steve’s proudest achievement,” she said.

She continued: “We only have two photos of the three of us, of our family. Ella will never get to know her father.”

The victim impact statement read Ms Smetzer now slept with pillows “stacked up” beside her, where her husband “should be”.

Mr Smetzer’s sister made a victim impact statement, saying she always thought she “had more time” and now “regrets” not making time to come and visit her brother in Victoria.

Mr Smetzer’s father-in-law, a former senior constable in the area, retired after the crash due to the “guilt” he felt over not preventing it from happening in his “patch”.

The court heard Smith and his wife Jodie had four children of their own which Mrs Smith said reminded her husband everyday of the grief he had caused another child and family.

“His own enjoyment of his children is tinged with sadness as he is reminded of the families daughter in joyful moments,” she said.

“He would have traded places with the man in a second if it meant sparing another family from pain.”

Smith’s defence said he was “haunted” and “unable to forgive himself” for the crash.

Mrs Smith said her husband was a “changed man” after the accident and he would “never forgive himself” for the events of that night.

Smith’s psychologist told the court, through a report, he had developed PTSD and it was ongoing with “medium severity”.

Judge Smallwood said this was a case where there “couldn’t have been more serious consequences” for a crime which was “never intended”.

He said the guilt Smith continued to feel was an “enormous punishment in itself”.

There were no alcohol or drugs detected in Smith’s system and he was not distracted, he simply “lost focus” for a few seconds, the court was told.

Judge Smallwood also recognised Smith as the main income source for his family and a term of imprisonment would have a tremendous burden on Smith’s wife and children, one of whom has special needs.

A conviction was recorded, he was disqualified from driving for 18 months and placed on a four-year community corrections order.