Terence Kelly: Cleo kidnapper’s sentencing appeal dismissed in record time

The man who abducted Cleo Smith from her family tent and held her captive for 18 days has had his appeal dismissed by WA’s highest court.

Three appeal court judges handed down their decision on Monday on the sentence imposed on Terence Darrell Kelly, who was jailed for 13-and-a-half years jail term for snatching the girl at the Blowholes campsite, about 70km north of Carnarvon in the early hours of October 16, 2021, as her parents slept.

And it took the WA Court of Appeal less than 30 seconds to rule the whole appeal had been unsuccessful — even though one ground of appeal was actually upheld.

“On any view, the appellant’s abduction of such a young and highly vulnerable child from her parents, at night, and then holding her captive in his house for 18 days was extraordinarily serious,” the judgment said.

“As tragic as the appellant’s background is, the sad fact remains that his risk of reoffending required that the sentence imposed upon him have regard to the sentencing objective of public protection.

“The sentence that was imposed upon the appellant was severe, but it was an appropriate reflection of the extraordinarily serious nature of the offence the appellant committed.

“Her Honour (Judge Wager) carefully navigated that evidence and made appropriate findings.

“In the present case, a head sentence, ... of 20 years’ imprisonment, or something very close to it, was entirely justified.”

Cleo was missing for 18 days before finally being found by police alone in a room at a property in Carnarvon on November 3.

Her kidnapping by the 37-year-old sparked one of the biggest police searches in WA history and made headlines worldwide.

Sentencing Kelly in the District Court in April 2023, Chief Judge Julie Wager described the fear, distress and trauma caused to Cleo and her parents as “immeasurable”.

“Eighteen days without contact or explanation, and with hours totally on her own and no access to the outside world, would have been very traumatic,” the judge said.

Under his sentence, Kelly, who pleaded guilty to taking Cleo, will be eligible for parole after serving 11 years and six months.

In February, his lawyers argued in the WA Court of Appeal that the sentence was manifestly excessive.

Barrister Julie Condon KC argued the sentence was “manifestly excessive” because she claimed that the abduction of the little girl was not in the worst category of similar cases.

“On any view, this was not offending, which was in the worst category of offending,” Ms Condon argued.

They also disputed Judge Wager’s finding that Kelly was significantly affected by methamphetamine when he abducted Cleo and also argued the sentence did not place sufficient weight on his deprived, traumatic childhood and mental impairment.

More to come.

With AAP