Thomas Smith jailed over Corio carjacking, theft, trespass

A man who assaulted a delivery driver during a violent carjacking has spent a decade in and out of jail. If he’s released without supports, the cycle will go on, a County Court judge says.

Thomas Smith in 2017. On Friday, he appeared on a prison link from the Metropolitan Remard Centre bald and with a long beard.

A County Court judge has stressed the need of an institutionalised carjacker to receive support on his release from prison or he may swiftly end up back behind bars.

Thomas Smith, 34, appeared via videolink in the County Court at Geelong on Friday for sentence, after pleading guilty last month to charges including carjacking, theft and trespass.

Smith carjacked a newspaper delivery man and trespassed in a business and a home during a brief crime spree on May 9, 2023.

Judge Gregory Lyon convicted Smith on all charges and jailed him for two years and nine months, with a non-parole period of two years and one month.

In his sentencing remarks, Judge Lyon the court Smith’s moral culpability was high and the carjacking was a serious example of carjacking.

“You pushed and punched the victim, and momentarily drove the car while you wrestled with the victim,” Judge Lyon said, noting the delivery driver would have “undoubtedly” felt fear. No victim impact statement was tendered.

Judge Lyon said Smith’s other offending must be considered serious due to his extensive and relevant criminal history.

Smith’s descent into criminality began after his drug use escalated following the death of a close friend in a car accident in 2014, and the breakdown of a relationship.

Since then, Smith has accrued convictions in the Magistrates and County courts for drug, violence, dishonesty and driving offences.

Prior to his offending, the court heard Smith had a difficult childhood, during which he witnessed and suffered violence at the hands of his stepfather.

He was “essentially illiterate”, having only completed schooling to a year eight level, but had nonetheless been able to complete an apprenticeship and maintain stable employment at a factory until his mid-20s.

Having spent a decade in and out of prison, Smith was motivated to get back on the straight and narrow but required considerable support upon re-entry to the community, Judge Lyon said.

The court heard a psychologist diagnosed Smith with poly-substance use and adjustment disorders, as well as a potential diagnosis for ADHD, which required further exploration.

Judge Lyon told the court Smith’s prospects for rehabilitation were “problematic” but not entirely eliminated.

Judge Lyon said he could not, as Ms Proud asked, sentence Smith to a straight sentence as it would limit him to imposing a term of less than two years.

He echoed previous judges who sentenced Smith in imploring the need for supports and stating that “if (Smith) was simply re-released back into the community without support, (he is) likely to fail again and fail quickly”.

Judge Lyon told the court he would ask for a copy of his sentencing remarks be included in Smith’s file, in the hopes his imploration “would be heard”.

Smith had 439 days already spent in custody reckoned as time served.

Judge Lyon said if Smith hadn’t pleaded guilty he would have jailed him for a maximum of four years and three months.

Originally published as Thomas Smith jailed over Corio carjacking, theft, trespass