Pedophile monster makes bold bid for freedom

A pedophile monster who broke into a home and raped a sleeping child in 2006 will remain behind bars for his sick offending with a judge ruling he remains a risk to the community.

Kingsley Kelly was jailed for 13 years in 2007 for the offence of unlawful sexual intercourse, but will remain in custody indefinitely after South Australian Supreme Court Justice Sandi McDonald concluded from the evidence presented to her that it had not been established Mr Kelly was willing to control his sexual instincts.

Justice Kelly said she had relied in part on the testimony from two psychiatrists who evaluated Mr Kelly and warned of the “rapid” nature of Mr Kelly’s offending.

“One specific concern is that the nature of Mr Kelly’s previous offending limits the effectiveness of potential monitoring and supervision arrangements,” a psychiatrist noted.

“All offences have occurred with little warning and without opportunity for services to intervene.

“He has become intoxicated, become aroused and then offended almost immediately.

“He has manufactured the opportunity to offend, most notably in his last offence, rather than just seizing an opportunity that presented itself.

“It is therefore difficult to speculate what supervision arrangements could be put in place that would prevent such serious, rapid offending.”

Is is Mr Kelly’s second bid for freedom after an earlier 2017 application for release was rejected.

Mr Kelly’s sexual offending started in 1995, when the then 23-year-old indecently assaulted an eight-year-old girl after becoming intoxicated with drugs and alcohol at a friend’s house.

The offending occurred after Mr Kelly had only just been released from custody.

The 2006 offence was committed less than three months from another release from custody.

Counsel for Mr Kelly tendered an NDIS funding package that would have supported him upon his release.

The NDIS plan would have provided a package of funding in the amount of $222,425, Justice McDonald noted in her judgment.

The funding would provide for four to five hours of daily support.

An “activities schedule” was also developed to occupy Mr Kelly’s time seven days a week.

“There is however very little detail,” Justice McDonald said.

“Other than generic references like ‘leisure activity’ and ‘spiritual practice’.”

The psychiatrists argued electronic monitoring, home detention and a curfew would not be sufficient to mitigate risk to the community, and only 24-hour supervision could effectively reduce the risk.

“It was (the doctor’s) evidence that the only means by which Mr Kelly could be safely released would be to replicate prison conditions in the community,” Justice McDonald said.

“That is, 24-hour supervision.

“There is not, however, adequate funding from NDIS or elsewhere to enable that to occur.”

The judgment also revealed Mr Kelly had struggled throughout his life with substance and alcohol abuse, suffered from a “significant cognitive impairment” and had been diagnosed with schizophrenia.

Justice McDonald concluded “at this point in time the only way in which Mr Kelly could safely be released into the community would be to effectively imprison him in the community in 24-hour guard.”

“There is no evidence that here is funding or accommodation available that would satisfy this need.

“This application has also brought into sharp focus the issue of attempting to use NDIS funding for a purpose for which it was never intended.

“That is, to position the NDIS workers in the role of Mr Kelly’s gaolers.

“It has not been established that Mr Kelly is willing to control his sexual instincts.

“The application is dismissed.”