CONVICTED child killer Blain Lopez Smith will perform community service for lying to police, probation officers and a Kempsey family who, unknowingly, let a murderer into their lives.

Smith, 38, of South West Rocks, pleaded guilty to three counts of failing to comply with reporting obligations at Port Macquarie Local Court on Monday.

Magistrate Thomas Hodgson sentenced Smith to 200 hours’ community service as a direct alternative to 12 months’ jail.

The court was told Smith could have been sentenced to up to five years in jail for his offences.

Smith changed his name from Austin Allan Hughes, after he spent 16 years behind bars for the murder of a six-year-old Nowra boy in 1993.

He was released on parole in December 2009. Smith, and his then girlfriend Gunn-Britt Ashfield, tortured and bashed the little boy to death with a phonebook and hammer as his siblings watched in horror.

Since then, Smith has been on the NSW Child Protection Register, and under an obligation to supply and report any changes to his address, vehicles, employment and travel.

until January, police said they were unaware Smith was living under his alias with a mother and her two children in West Kempsey.

Smith failed to comply with his reporting obligations, even though he maintained contact with police and probation officers.

A statement of police facts tendered to the court said on January 6, 2012, officers were notified that, contrary to his annual reporting form, Smith was staying at his girlfriend’s home in West Kempsey.

They also were told he had taken one of her children to Kempsey Airport on at least three occasions, unsupervised.

Shortly afterwards, Smith was arrested and taken to the Kempsey police station and taken into custody.

The day after his release on February 29, Smith supplied police with a new address and said he was working as an aircraft maintenance contractor at hangar five of Kempsey Airport. 

But, when police asked him about his internet usage, he lied about using a Facebook account his sister had set-up for him under the name of “Blain Smiffy”.

Smith said he did not know the password and would probably not be using the page. But Detective Senior Constable Kelly Stewart found a photo posted on his Facebook page, dated September 24, 2011, which suggested otherwise. Smith’s defence attorney told the court his client was being “victimised” and “finding it difficult to re-assimilate his life” after spending nearly half of it in prison. 

“He’s also scared your honour,” the solicitor said. “He has come up here to be somewhat anonymous and, unfortunately, someone has found out who he really is.” 

Smith appeared before the court clean-shaven, in a black suit and white shirt with a dark-blue tie. He was supported by his girlfriend. 

The case would never have come to light if a close family member did not discover his identity, the defence said.

Mr Hodgson said he considered the seriousness of the matter, but determined community service was a suitable consequence.