Dion Smith successfully appeals stalking, sending sexual images to a minor sentence at County Court

A Mildura man who sent graphic sexual images to underage girls has had his eight-month jail sentence overturned, with a judge giving him a new punishment.

Dion Smith pleaded guilty to charges relating to sending explicit sexual images to underage girls on the messaging app Snapchat. Picture: Facebook

An ex-Bunnings worker from Mildura who sent graphic sexual images to underage girls via Snapchat has successfully appealed the sentence given to him.

Dion Smith, 23, was handed an eight-month sentence at Mildura Magistrates’ Court in April after pleading guilty to multiple charges, including stalking and sending sexual images to a minor.

Smith immediately appealed the sentence, and has been on appeal bail ever since.

At the County Court on Tuesday, Judge Steven Moglia gave Smith a 12 month community corrections order with supervision and ordered him to be assessed and undergo treatment for his mental health issues.

He also added the CCO would be without conviction.

“I find Mr Smith’s moral culpability for all the charges of stalking and repetitive behaviour is substantially reduced,” Judge Moglia said.

Smith was handed an eight month sentence by Magistrate Michael Coghlan in April, but successfully appealed the sentence in County Court

Smith, who now lives in South Australia, successfully argued through his lawyer that his diagnosis of autism spectrum disorder affected his decision-making, social skills and made him engage in repetitive behaviour.

The 23-year-old sent his suggestive and explicit messages and images almost exclusively via the Snapchat app.

He sent numerous Snapchat images and videos to his victims. Many were still images of the then-Bunnings worker’s erect penis.

Others were more sexually graphic, including two videos of him using sex toys on himself.

Smith sent these images and videos to the underage girls over a four-year period starting in 2018 and continuing through to 2022.

Smith used Snapchat to send sexually explicit images and comments to underage girls. Picture: Generic

In one of the Snapchat messages, Smith told one of his victims, “refer to me as big daddy”.

In another message, he asked his youngest victim, “Is it weird I want to take your virginity?”

Judge Moglia also ordered Smith to have reporting obligations to the sex offenders registry for the next 15 years, a decision he spoke of as regrettable.

“(On the charges of) sending sexual images and related comments to a 16-year-old person, a person who is legally of age to engage in such conduct, and not a child in that sense, but nevertheless, according to the sex offender registration act a child because she is under 18, I regretfully announce Mr Smith is to be a registrable offender … and has registration and reporting obligations for the next 15 years,” Judge Moglia said.

“This is an unfortunately tragic case. I trust that everyone involved, the complainants, Mr Smith and those around them, receive the support that they require.”