Cleo Smith’s kidnapper Terence Kelly learns fate after bid to reduce sentence

Cleo Smith’s kidnapper, Terence Kelly, has learned his fate after lawyers appealed his sentence in the WA Court of Appeal.

The WA Court of Appeal dismissed Kelly’s case, unanimously agreeing on three of the four grounds of his appeal.

Kelly was found guilty of snatching the then four-year-old girl from her family’s tent near Carnarvon in October 2021.

The 37-year-old held Cleo at his Carnarvon home for 18 days before she was rescued in a daring early-morning police raid.

Lawyers for Kelly lodged documents with WA’s Court of Appeals, arguing sentencing District Court Judge Julie Wager was wrong to believe Kelly’s methamphetamine use played a significant role in the crime.

They also argued Judge Wager didn’t give the appropriate weight to Kelly’s childhood trauma.

The state’s Department of Public Prosecutions said they do not intend to appeal Kelly’s sentence, forming the view that appealing the length of sentence imposed would not be successful as the sentence is not manifestly inadequate.

It was revealed in sentencing that Kelly was under the influence of methamphetamine when he decided to abduct Cleo.

Judge Wager reasoned Kelly had entered Cleo’s family tent to steal valuables, but decided to kidnap the girl due to his drug-induced state.

WA Court of Appeal president Michael Buss thought Kelly’s sentence was excessive, but it was overridden by the two other judges presiding over the case.

Judges Robert Mazza and Stephen Hall agreed the 13 and half year sentence imposed by Judge Wager reflected the seriousness of Kelly’s crime.

Judges Mazza and Hall stated, Judge Wager carefully navigated the evidence and made appropriate findings.

They said Judge Wager found Kelly’s risk of reoffending weighed in favour of a longer sentence that adequately protected the community.

“Her Honour identified all of the relevant mitigating factors other than the plea of guilty,” they said.

“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.”

All three judges disagreed with Kelly’s lawyers that Judge Wager erred when she found Kelly’s methamphetamine use had a significant role in his offending.

Records from a police interview with Kelly on the day he was arrested show him telling officers he was “off (his) head” on the night he kidnapped Cleo.

He told police he had injected five syringes of methamphetamine to help him cope with stuff that was going on his head, adding he had about half a ball in him.

Justice Buss said Judge Wager formed a proper judgment about Kelly’s drug use and made findings on the information before her.

He was satisfied with her decision said she was entitled to make the finding that Kelly’s methamphetamine use emboldened him to carry out the offending.