Cleo Smith abduction: Terence Kelly appeals his sentence as lawyers brand it ‘excessive’ and claim the judge did not adequately take into account his childhood trauma

Lawyers acting for the man who kidnapped four-year-old Cleo Smith claim his 13-and-a-half year prison sentence is “manifestly excessive” and that the judge failed to take sufficient account of his “childhood trauma”, a court has heard. heard.

Terence Kelly snatched Cleo from a tent in the middle of the night as she slept next to her parents and sister during a camping trip near Carnarvon in Western Australia’s remote northwest in October 2021.

Kelly, who collected the Bratz dolls for children, held the little girl captive for 18 days when a massive land and sea search in the Washington outback made headlines around the world.

Detectives eventually tracked her down to Kelly’s home in Carnarvon, not far from the girl’s home, where she said the famous words: ‘My name is Cleo’.

Kelly pleaded guilty to forcibly taking a child under the age of 16 and was sentenced to 13.5 years in prison in April last year.

But his lawyers appealed, claiming his sentence was too harsh.

Kelly’s counsel, Julie Condon KC, argued before the WA Court of Appeal on Wednesday that her client’s sentence was “manifestly excessive” and that the judge had made a series of errors.

One involved the judge’s alleged “fixation” on Kelly’s drug use.

During an earlier hearing, it was revealed that Kelly was high on meth when he took Cleo.

But Ms Condon argued for more than an hour that it was wrong to conclude that Kelly’s meth use played a “significant” role in his decision to kidnap Cleo.

Judge Robert Mazza – who will rule on the appeal along with Judges Michael Buss and Stephen Hall – said the fact that Kelly’s drug use was a factor in his offending was “obvious”, reported The Western Australia

Ms Condon also argued that the judge ‘failed to give sufficient weight to the applicant’s disadvantage and childhood trauma’.

These include Kelly’s severe personality disorder and his depressing history of child abuse and neglect.

Ms Condon argued the judge failed to apply the Bugmy Principles, meaning social factors such as Aboriginality and social deprivation should be given “full weight in determining the appropriate sentence in each case”.

The lawyer, who also recently represented drug lord Tony Mokbel in court in Victoria, said Kelly’s kidnapping did not fall into the worst category of offence.

“In any event, this was not an insult, but fell into the worst category of insult,” Ms Condon argued.

‘It was spontaneous and opportunistic… and it was not the subject of planning or well-thought-out intentions. There was no prior supervision. There was no violence.

‘He made twelve references to stealing money and not from a child. Full of expressions of regret and multiple references to the guilt he felt almost immediately after being involved in stealing the child.’

But Judge Michael Buss noted that although “it started that way,” it then continued for 18 days.

State prosecutors are opposing Kelly’s appeal.

Lindsay Fox SC said that after Kelly abducted the ‘completely defenceless’ little girl, the time Kelly held Cleo captive put his case in the worst category.

“Every day there was a conscious decision to carry on – he never comes to his senses,” Mr Fox said.

‘It was extraordinary police work (in which she was found) – it was no action on his part that saved her.’

Kelly was not present at the appeal hearing.

The three appeal judges reserved their decision until a later date.