The man who kidnapped Cleo Smith with the plan to turn her into his living “doll” will find out next week whether an appeal to reduce his sentence has been successful.
Terence Kelly was sentenced to 13 years behind bars after kidnapping then-four-year-old Cleo from her parents’ tent at Western Australia’s Quobba Blowholes camp in 2021.
Earlier this year, he appealed the sentence handed down by Chief District Court Judge Julie Wager.
The 37-year-old argued that the judge made a series of errors, including blaming his methamphetamine use for Cleo’s 18-day kidnapping and failing to properly consider the trauma he faced in his childhood.
He considered the 13-year prison sentence excessive, since his crimes did not fall into the worst category.
The outcome of Kelly’s appeal will be handed down Monday by Supreme Court Justices Michael Buss, Robert Mazza and Stephen Hall.
Kelly’s lawyer, Julie Condon KC, highlighted Judge Wager’s assertion that his drug use, combined with his complex personality problems, mental disabilities and neuropsychological conditions, played a “significant role” in Kelly’s decision to kidnap Cleo.
During an appeal hearing in February, Ms. Condon argued that Judge Wager was wrong in determining that Kelly’s drug use “threw him off balance” into kidnapping and holding Cleo captive. Western Australia reported.
Terence Kelly (pictured), who kidnapped then four-year-old Cleo Smith in 2021, will hear the outcome of his appeal on Monday.
Cleo Smith (pictured celebrating her seventh birthday earlier this year) was kidnapped from her family’s camp and found 18 days later.
The lawyer further argued that Kelly’s background, which resulted in a severe personality disorder, post-traumatic stress disorder, exposure to chronic childhood trauma and profound disadvantages, was not adequately considered.
The court heard Kelly’s mother was a heavy drinker and child protection officers found alcohol in her baby bottle.
Kelly’s father was also abusive and his parents abandoned him when he was two and a half years old.
Child protection officers at the time discovered that Kelly had created a fantasy world as a coping mechanism for her loneliness.
He also dreamed of having a girl to “dress up with, play with and be with.”
The lawyer representing Kelly (pictured) believed the judge did not adequately consider his traumatic childhood when sentencing him to 13 years in prison.
Ms. Condon accused Judge Wager of only briefly mentioning Kelly’s story during sentencing, which she said “speaks of error.”
However, state prosecutor Lindsay Fox SC told the hearing in February that Kelly’s offense was in the highest category due to the length of time Cleo was missing.
Little Cleo was found alone in a bed at Kelly’s home almost three weeks after she disappeared from her family vacation.
She was located 75km from the camp and just a few minutes from her family home in Carnarvon.
The house where she was found was full of dolls.
Following Cleo’s rescue on November 3, 2021, her mother Ellie revealed in a television interview that she believed Kelly wanted to turn her daughter into a doll and had dyed her hair pink.
Cleo Smith (pictured) was just four years old when she was kidnapped and held captive.
The court heard that Kelly had “mistreated” Cleo several times during her kidnapping because she was loud and “bossy” when asking for chocolate.
However, he stated that he wanted the girl to be “comfortable” and recalled giving up tying her arms and legs to a chair with duct tape because “she was a little feisty.”
Kelly was able to keep up appearances during the time Cleo was missing by befriending her mother on social media, driving around town, visiting relatives, and attending arts and crafts gatherings.
