William Smidth, 27, sentenced in Broadmeadows Magistrates’ court for indecent acts of children under 16
A St Albans forklift driver told a little girl “it will be a quick one” after the grub crept into her room and took off her underwear.
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A forklift driver who told a little girl “it will be a quick one” before molesting her has escaped jail.
St Alban’s William Smidth, 27, was on Friday sentenced in the Broadmeadows Magistrates’ Court to a three year community corrections order and put on the sex offender’s registry for 15 years.
Smidth, formerly from Mildura, pleaded guilty to two charges of indecent acts of children under 16.
Between 2015 and 2018, Smidth, who was born and raised in Samoa, sexually assaulted two “vulnerable” girls on separate occasions.
On one occasion in 2015 the then 18-year-old Smidth walked into one of the girl’s bedrooms, removed her blanket, and took off her tights and underwear before sexually assaulting her.
Wearing a green jumper, Smidth sat on the front bench of the courtroom, supported by his partner, who sat behind him throughout the sentencing.
Magistrate Belinda Franjic said Smidth’s sexual offending against the young girls was “very serious” and his victims suffered “significant harm” which would “pervade for rest of their life”.
“This was particularly difficult sentencing … the court must impose a sentence that is appropriate and not more severe than necessary,” she said.
“His moral culpability for both offences is substantially reduced.”
Ms Franjic commented on Smidth’s childhood saying he was an anxious kid who was “physically punished and beaten”.
The court heard Smidth has been in an “age-appropriate” relationship with his partner for a year.
“I find that he has very good rehabilitation prospects. There has been over six years since the last offending. During that time, Mr Smidth has extensively led a productive life without further offending.”
Ms Franjic told Smidth the circumstances surrounding his offending were “somewhat exceptional”.
“I’m not going to send you to jail … but as I’ve made it clear the offending is very serious. If I were dealing with this six years ago I would have sent you to prison,” she said.
Smidth was placed on a community corrections order for three years in which he was ordered to undertake 400 hours of community work and put on the sex offenders registry for 15 years.
“If you did not plead guilty you would have been given nine months’ imprisonment,” Ms Franjic said.