Terence Kelly's lawyers argued his mental impairment should have been given more weight during his sentencing for kidnapping four-year-old Cleo Smith. Photo: Supplied / Western Australian Police Force
- Terence Kelly has failed in his bid to reduce his sentence for abducting Cleo Smith
- Cleo, 4, was taken from her family's campsite in the Western Australian town of Carnarvon, in 2021
- Kelly's lawyers claimed his mental impairments should have been given greater weight by the sentencing judge
- Today's decision in the Court of Appeal will see Kelly's original sentence of 13 years and six months stand
A man who abducted a four-year-old child and held her captive at his home for more than two weeks has lost his appeal to have his sentence reduced.
Terence Kelly abducted Cleo Smith from her parents' tent at a remote West Australian campsite north of Carnarvon in late 2021, sparking a massive manhunt before she was found at his home by police 18 days later.
- Missing girl Cleo Smith found alive by Australian police
- Terence Kelly pleads guilty to kidnapping four year old Cleo Smith
Today's decision, in the Court of Appeal, will see his original sentence of 13 years and six months in jail stand.
Mental impairments cited
Kelly was jailed in April 2023 after admitting he kidnapped Cleo, but his lawyers argued his mental impairments, including severe personality dysfunction, contributed to his decision.
They also maintained the sentencing judge erred in finding Kelly's use of methamphetamine had a "significant and causal role in the offending".
This was, Kelly's lawyers said, because she gave greater weight to witness statements about whether Kelly was on meth when he abducted Cleo, over expert evidence provided by a doctor.
They also say the judge didn't give enough consideration to Kelly's childhood disadvantage and trauma.
Prosecutors had opposed the appeal, arguing the sentencing judge's findings were consistent with the evidence before her and that she had appropriately considered Kelly's impairments and deprived upbringing.
In sentencing, WA District Court Chief Judge Julie Wager said Kelly's actions were at the "highest level of seriousness" and that Cleo and her family would be "permanently impacted".
But she acknowledged Kelly's upbringing and outlined how he was exposed to severe and complex trauma as a child and suffered neurological impairment.
She accepted he had turned to drug abuse due to the pain caused by that trauma.
Abduction sparked huge search
Kelly's abduction of Cleo hit international headlines and caused uproar in the small WA town of Carnarvon, some 900 kilometres north of Perth.
Her parents woke at the popular camping spot The Blowholes, 50km north of Carnarvon, on 16 October 2021 to find the zip on the family tent open and Cleo and her sleeping bag gone.
Cleo Smith was reunited with her family 18 days after she went missing. Photo: Western Australian Police
It sparked one of the biggest land and sea searches in the state's history, but she was ultimately found through police ingenuity and data analysis of phone tower traffic in the area.
Kelly's social media profiles revealed a fantasy family life in which he represented himself as married with children, but family members who spoke to the ABC in the aftermath of his arrest described him as "quiet" and "sticking to himself".
The ABC has chosen not to name those people, who said they were shocked by his crimes.
They said Kelly lived alone and didn't socialise much, particularly after his grandmother died.
He was raised by the grandmother, and she was "the only one he had", family members said.
Kelly's social media profiles included prolific posts about dolls and photos of himself posing with his collection.
The sentencing judge described him as living in an "idealised fantasy world" which protected him from the real world.
- This story was first published by the ABC
