The victim of a preventable crash was "by all accounts a truly kind, decent and honourable man," a judge has said while sentencing the woman responsible for his death.
The 54-year-old culpable driver, Julie Elizabeth Fallon, received a three-year intensive correction order.
Fallon was visibly emotional as Chief Justice Lucy McCallum handed down the sentence in the ACT Supreme Court on Monday, July 27.
The fatal crash occurred in the early hours of May 2024, when Fallon drove her Mitsubishi Outlander onto the wrong side of the road in Wanniassa and collided with Mr Smith's motorcycle.
The 55-year-old was taken to hospital in a serious condition and died two days later.
In May 2026, a jury found Fallon guilty of culpable driving causing death.
During sentencing, Chief Justice McCallum found that a combination of fog on the inside of Fallon's windscreen and direct sunlight meant she could not see the road ahead for a considerable distance.
"She compounded the danger of continuing to drive in those circumstances by turning her head to the left for a reason that remains unexplained," the judge said.
"The importance of a driver always keeping their eyes on the road ahead while moving forward is obvious."
The Chief Justice noted Fallon's culpability was "not confined to a momentary lapse", as she drove along Athllon Drive for roughly 25 seconds before the collision.
"Over that entire time and distance, she failed to perceive the point ahead where the road curved to the left," she said.
However, the judge found Fallon's driving fell short of a complete abandonment of responsibility.
"Her manner of driving involved a substantial risk of catastrophic outcome, but I do not think it can be concluded that Ms Fallon knowingly or deliberately took that risk," she said.
Instead, the judge characterised Fallon's driving as "unduly preoccupied," finding she "wholly failed to heed or comprehend the danger" of driving with severely limited visibility.
The Chief Justice described Fallon's conduct during an earlier hearing - where six victim impact statements were read - as "regrettable," noting Fallon could not bring herself to listen to the "gracious sentiments" expressed by Mr Smith's loved ones.
Instead, the judge noted that Fallon cried and rocked back and forth in her seat, eventually having to be moved to a different room to watch the proceedings via an audio-visual link
"I have no doubt that her conduct exacerbated the grief of the friends of Mr Smith who attended," Chief Justice McCallum said.
However, she concluded this behaviour stemmed not from an absence of remorse, but because Fallon was so wracked with guilt and remorse that she was "barely able to function during the hearing".
She added that the victim impact statements "painted so vivid and joyful a picture of Mr Smith that few people could have heard those statements without wishing they had known him in his lifetime."
The court previously heard that Mr Smith, a public servant who worked with Centrelink, was a selfless person who had a deep compassion for vulnerable people.
Before his death, Mr Smith was preparing to retire to Spain, having already fulfilled lifelong dreams including visiting Switzerland's Matterhorn and Norway's Northern Lights.
Chief Justice McCallum also acknowledged a statement from Mr Smith's close friend, Jeff Street, who highlighted the difficulties single people face in the aftermath of a tragedy when support systems are geared primarily toward conventional families rather than "chosen family".
Acknowledging that those experiences would have been "extremely distressing," the judge confirmed she had forwarded Mr Street's statement to a government official, who agreed to raise the issue with health authorities.
"I hope Mr Street's voice will be heard on this issue," she said.
The Chief Justice stressed that the decision to allow Fallon to serve her sentence in the community through an intensive correction order "was not made lightly".
"I hope that it will not be perceived as a failure to recognise the value of the life taken from Mr Simon Smith," she said.
She added that the court must evaluate all individual circumstances when determining punishment, finding the interests of justice were best served by a sentence that supports Fallon's family commitments, rehabilitation, and mental health.
In addition to the three-year intensive correction order, Fallon was ordered to complete 300 hours of community service, abstain from alcohol for three years, and was disqualified from driving for at least 12 months.
