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Western Australias Police Commissioner told reporters after the sentencing he was glad his officers had brought the offender of that evil crime to justice. "I'm a police commissioner and I respect the way we do the rule of law, but as a father that's something I could never forgive.". The judge described how Cleo would be permanently affected by the abduction, which ripped her family apart. The maximum sentence available to Judge Wager was 20 years. Home The offenders identity cannot be published to protect the identity of his victims. On 13 December 2022, former financial adviser Rahul Goel was sentenced in the Perth District Court for dishonestly obtaining over $35,000 from his clients superannuation accounts. Sadly, in Western Australia, many Aboriginal people have suffered the adverse impacts of colonisation. The little girl had last been seenby her mother Ellie Smith and her stepfather Jake Gliddon when she woke around 1.30am and asked for a glass of water. Due to the growing number of cases recorded in the tables they are separated into three categories: Decisions delivered prior to 1 January 2014 ; Decisions delivered from 1 January 2014 31 December 2020; and. Investigations eventually led officers to Kellys home on November 3, after a terrifying 18 days for Cleo, when she was rescued in a dramatic early morning raid. My name is Cleo: how an 18-day search ended with an Australian detective holding a four-year-old girl, Original reporting and incisive analysis, direct from the Guardian every morning. Comparative Sentencing Tables, Letters of Recognition Protocols & Section 32 Offences, Possess child exploitation and child pornography, Sexual offences (lineal or de facto child victim), s 6(1)(a) Misuse of Drugs Act Possess cocaine with intent to sell or supply, s 6(1)(a) Misuse of Drugs Act Possess heroin with intent to sell or supply, s 6(1)(a) Misuse of Drugs Act Possess MDMA (ecstasy) with intent to sell or supply, s 6(1)(a) Misuse of Drugs Act Possess methylamphetamine with intent to sell or supply, s 6(1)(a) Misuse of Drugs Act Possess methylamphetamine with intent to sell or supply (trafficable quantity), s 6(1)(a) Misuse of Drugs Act Possess prohibited drugs with intent to sell or supply (arranged by weight), ss 6(1), 7(1) and 7(2) Misuse of Drugs Act Possess and Cultivate cannabis with intent to sell or supply, s 54 Road Traffic Act Driver in incident occasioning bodily harm, fail to stop, ensure assistance and give information, s 59 Road Traffic Act Dangerous driving occasioning death (no circumstances of aggravation), s 68 Criminal Code Armed with an offensive weapon likely to cause fear, ss 143 and 135 Criminal Code Attempt to pervert course of justice and Conspire to defeat justice, s 204B Criminal Code Use electronic communication to procure or expose child U16 to indecent matter (cyberpredator), s 304 Criminal Code Acts or omissions causing bodily harm or danger, s 317(1) Criminal Code Assault occasioning bodily harm, s 318 Criminal Code Assault public officer, ss 320(4), 321(4), 322(5) and 329(4) Criminal Code Indecent dealing with child, ss 323 and 324 Criminal Code Indecent Assault and Agg Indecent Assault, ss 325 and 326 Criminal Code Sexual penetration without consent and Aggravated sexual penetration without consent (adult victims), s 333 Criminal Code Deprivation of liberty, ss 371A and 378(7) Criminal Code Stealing, ss 378(6) and 378(7) Criminal Code Stealing as a servant or public servant, s 392 Criminal Code Robbery and Aggravated robbery, ss 392 and 393 Criminal Code Armed robbery (committed on an individual), s 392 and 393 Criminal Code Armed robbery (committed on smaller establishments), ss 392, 393 and 552 Criminal Code Attempted armed robbery and Assault with intent to rob, s 401 Criminal Code Aggravated burglary (residential properties), s 401 Criminal Code Aggravated burglary (commercial premises), s 401 Criminal Code Aggravated burglary (home invasions), ss 444 and 445A Criminal Code and s 32(2) Bush Fires Act Arson, Breach of duty by person in control of ignition source or fire and Light fire likely to injure, Government of Western Australia 2017 to 2023, Building, utilities and essential services, Facilities, fleet and equipment management, Sentencing: From 1 January 2014 31 December 2020, Office of the Director of Public Prosecutions for Western Australia, Office ofDirector of Public Prosecutions for Western Australia website. Magistrates Court Restraining Orders Appeals. Terence Darrell Kelly, 37, was sentenced to 13 years and six months in jail after pleading guilty to abducting Cleo Smith in a case that made headlines around the For more information about obtaining a copy of a transcript, phone (08) 9425 2416 or email courttranscriptdc@justice.wa.gov.au. 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That is because the nature and amount of crime changes over time, community attitudes shift and new approaches to the legal system are always being suggested. Commissioner Blanch also revealed no one was presently in line to receive a $1m reward that was on offer from the state government for information leading to the conviction of a suspect during Cleos disappearance. A man who admitted abducting a four-year-old girl from a remote campsite in Western Australia and holding her for 18 days during a massive police search has been During sentencing, the judge acknowledged Kellys turbulent upbringing, his prenatal exposure to drugs and alcohol and a life surrounded by violence as contributing to his offending. Decisions & PublicationsCriminal Decisions. "The family spoke about their desperation, shock, and fear to the community via media at the time, so a little of their pain was known to others. Here's what we know about the decision, New pictures from inside Fukushima nuclear reactor spark safety concerns, Drug-affected driver sentenced over fatal Pier Street crash in Perth's CBD, Celebrity crocodile wrangler Matt Wright's lawyers seek more information on charges over fatal helicopter crash. Find out more about our policy and your choices, including how to opt-out. Cleos mother Ellie and stepfather Jake were present in the courtroom but did not speak outside the courthouse following the sentencing. "We have to have a lot of empathy and compassion for the family. The sentencing process is at the very core of the criminal justice system. Within hours, police launched one of WAs biggest search operations, scouring inhospitable terrain, rugged cliffs and rough ocean. Mr Goel was sentenced to three years in prison, to be released after 18 months upon entering a $5000 recognisance to be of good behaviour for two years. The District Court also determines civil claims up to $750,000 and has unlimited jurisdiction in claims She added that the time Cleo was held captive must have been extremely distressing for her as a young child. Kelly earlier entered court flanked by two security guards and wearing a green buttoned shirt. The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. Why a minimum sentence of three years for a bashing rather than, say, ten years? In some criminal cases the trial of an accused person is conducted before a judge alone in the absence of a jury. What happened next was a massive manhunt, lasting more than two weeks, as police scrambled to track down the missing girl. Terence Darrell Kelly, 37, the man who abducted four-year-old Cleo Smith from her familys tent at a remote Western Australian campsite, has been sentenced to Sentencing remarks. Court lists change to suit the needs of the day. Judge Wager said. He did not speak during the sentencing, merely nodding to acknowledge his name and indicate his plea of guilty. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. Four-year-old Cleo Smith as she recovered in hospital in Perth after she was abducted. Wager said that Kellys had received a 25%, or five-year, sentence reduction from the maximum 20-year penalty for child stealing because of his early guilty plea, which averted a lengthy trial and the family having to relive the ordeal. She also referred to the victim impact statement provided to the court by Cleo's mother and stepfather, which detailed the anguish they felt throughout the 18 days, including feelings of emptiness and being broken. Webto the Perth Magistrates Court for a Committal Mention. The sentence will be backdated to take this time served into account. She was being held just a few kilometres from her family home, about an hour south of the wilderness campsite where she was kidnapped. Listen. During that time no one else visited the property, and Kelly went about his usual business; attending face-to-face employment meetings as required, seeing relatives, and giving them lifts. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/terence-kelly-sentenced-abduction-cleo-smith/102180950, Liberal Party confirms opposition to Voice to Parliament, Former defence leaders urge government to release report into national security risks posed by climate change, Collingwood star Jack Crisp under AFL investigation over leaked video, Exiled from his home city and back in his gilded haven, Mar-a-Lago, a familiar Trump re-emerged, Secret documents in Trump's criminal case have been unsealed. 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