Cleo Smith's abductor loses appeal against sentence

A man who kidnapped four-year-old Cleo Smith from her family's tent at a remote West Australian campsite and held her captive for more than two weeks will not have his sentence reduced.

Terence Darrell Kelly attempted to appeal the 13-and-a-half-year jail term he received 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.

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

A Missing Person poster for Cleo with a Found sticker (file image)
Cleo Smith's kidnapping sparked one of the biggest police searches in WA history.

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

Under his sentence handed down in the District Court in April 2023, Kelly will be eligible for parole after serving 11 years and six months after he pleaded guilty to abduction.

In February, his lawyers argued four grounds for appeal in the WA Court of Appeal.

The first alleged Chief Judge Julie Wager erred in law and fact in finding that the appellant's use of methylamphetamine had a significant role in his offending. 

The second and third grounds alleged Chief Judge Wager erred in law in applying two principles of law, including by failing to sufficiently acknowledge his deprived, traumatic childhood and mental impairment when assessing his moral culpability.

The three appeal court judges dismissed grounds one, two and three in a Perth court on Monday.

"Her Honour did not misapply any legal test applicable to the determination of whether the appellant's use of methylamphetamine had a significant and causal role in the offending," Justice Michael Buss said in the decision.

The three judges disagreed on the fourth ground of appeal claiming the sentence was manifestly excessive, with Justice Buss finding it had been made out and that he would have reduced Kelly's sentence to 12 years due to the mitigating factors.

Police outside the house where Cleo was found (file image)
Cleo was found after 18 days in a room at a Carnarvon property.

Justices Robert Mazza and Stephen Hall came to a different conclusion, dismissing ground four.

"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," they 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."

Justices Mazza and Hall said Chief Judge Wager faced a difficult sentencing exercise and Kelly's circumstances were complex. 

They said Kelly's mental impairments and profound childhood deprivation were factors that "pulled both ways" and that his methylamphetamine use contributed to the offending.

"The appellant poses a well above average risk of reoffending and, should that risk eventuate, there is a high risk he would inflict serious psychological harm on any future victim," they said.

The justices said the head sentence of 20 years' imprisonment, with discounts for the guilty plea and mitigating factors, was justified due to the seriousness of the offending and need to protect the public.

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

Lifeline 13 11 14

Kids Helpline 1800 55 1800 (for people aged 5 to 25)

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store