Rapist Jeffrey Smith who claimed he was penetrated by a cucumber could go free after successful appeal

A “depraved” rapist who unsuccessfully claimed as part of his defence that a sex worker penetrated him with a cucumber, could walk free. Find out why.

Supreme Court in Darwin generic, generics, Northern Territory, NT, NT News. Picture: Jason Walls

A “depraved” rapist who unsuccessfully claimed as part of his defence that a sex worker penetrated him with a cucumber, could walk free after his non-parole period was reduced on appeal.

Jeffrey Alan Smith was found guilty by a Supreme Court jury in 2020 of repeatedly raping the woman and committing acts of gross indecency.

The court heard the 63-year-old had invited her up to his apartment in Harriet Pl for oral sex in exchange for money before subjecting her to a series of sickening other acts.

“If you don’t do as you’re told, I’m going to have to tie you up and keep you all night,” he told her.

During the trial, Smith claimed a window that was broken during the assault was a result of the woman having “anally penetrated” him with “a large cucumber”

In his closing submissions to the jury, defence barrister Giles O’Brien Hartcher said Smith’s story about the cucumber was “one of the reasons you can be sure he’s being honest with you”.

Mr O’Brien Hartcher said no one would invent a story about being “anally penetrated by a large cucumber to cover a broken window” as it was “just too embarrassing”.

“It is unusual for a man to admit being penetrated by a cucumber, while masturbating, while being spanked on the bottom, while being called filthy names — particularly if it’s not true,” he said.

Justice Jenny Blokland said the ‘particularly bizarre explanation’ for how the window came to be broken ‘lacked credibility’. Picture: Che Chorley

But in sentencing Smith to eight years in prison, Justice Jenny Blokland said she did not buy his “particularly bizarre explanation”, despite the woman having initially entered his apartment under her own free will.

“It does not necessary follow, however, that the bedroom window was broken for

reasons and in the way described in Jeffrey Smith’s interview and evidence, namely,

as asserted by him, that she would generally engage in kinky sex and on this

occasion, she inserted a cucumber into his anus and that he was in the vicinity of the

window and he became tangled in her legs and smashed the window,” she said.

“That evidence lacked credibility — the victim did not agree ever with having kinky

sex with him — the victim’s evidence was that she was wanting to get away and she

smashed the window by kicking out.”

On Monday, the Court of Criminal Appeal reduced Smith’s six-year and five-month non-parole period to four years after prosecutors agreed Justice Blokland “fell into error”.

The successful appeal means he is now eligible for release after the four years expired in September.

Originally published as Rapist Jeffrey Smith who claimed he was penetrated by a cucumber could go free after successful appeal