She added that the time Cleo was held captive must have been extremely distressing for her as a young child. "I also fully accept your background of deprivation," Judge Wager said. Kelly befriended Cleos mother Ellie Smith on Facebook after taking the girl. Kvj7(YST|>R0#>|J{i
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FZGgniAck!DJPV4#pR{/9.i/ \_>B/g'L(Y%G=d9z5U>\ Thousands of missing child posters were plastered across WA, the state government offered a $1m reward and Cleos mother and stepfather Jake Gliddon made an emotional television plea for their daughter to be returned. During these outings, Cleo was locked in a room in his house, the door to which had been modified so it could only be locked from the hallway side. The The offenders identity cannot be published to protect the identity of his victims. https://guides.library.uwa.edu.au/case_law, Judge for Yourself: a guide to sentencing in Australia, Creative Commons Attribution-ShareAlike 4.0 International Licence. About 1am on Wednesday 3 November 2021, police stormed Kellys locked housing commission duplex in nearby Carnarvon and found the girl playing with toy cars alone in a bedroom. Where a Judge or Registrar does not publish written reasons for decision, a party is entitled to obtain a transcript of the hearing at which the reasons were given. 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. Magistrates Court Restraining Orders Appeals. The Perth Drug Court deals with offenders who have committed offences and have drug related problems. 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. He sat in thedock partially surrounded by glass panels, with Cleo's family members sitting just metres away in the public gallery. My concern for the family, today would have been a very emotional time, I think theyve got enough to deal with as it is, its been over 500 days since the incident, my time, and the police time, is to leave them alone.. Kelly has been held at a Casuarina maximum security prison in Perth for nearly 18 months. He was also found guilty of The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. If you have a legal problem, you should consult a lawyer or a legal service agency. 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. When the couple woke thenext morning, they discovered Cleo was missing, along with her sleeping bag. WebBalancing reasons for a sentence 18 Picture: WA District Court 19 What sentencing laws require 20 Avoiding unnecessary punishment 21 The sentencing options 22 District or County Courts which hear serious cases, such as rape, armed robbery and culpable driving. In many of these applications the judge will deliver oral reasons for decision and will not publish written reasons. "But 18 days without contact or explanation, and with hours totally on her own and no access to the outside world would have been very traumatic. WebCourt Rolls Search. Information on this site is provided for research and public information purposes. Joint Protocol between the Office of the Director of Public Prosecutions and the Law Society of Western Australia regarding circumstances in which Letters of Recognition will be made available to Defence Counsel (PDF, 86.36KB), Joint Protocol between the Director of Public Prosecutions and Western Australia Police regarding issuing and handling of Letters of Recognition (PDF, 66.69KB). The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. Commissioner Blanch recounted the 18 days of "blood, sweat and tears" that the family and police endured while searching for Cleo. %PDF-1.3
The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. Cultural Immersion Program - Judges Visit the Kimberley 2022, His Honour Judge Mark Ritter SC Welcome Ceremony on 22 February 2023, Appointment of Registrars Tania Jeyamohan and Samuel Nunn, Public Holiday on 22 September - National Day of Mourning. The judge described how Cleo would be permanently affected by the abduction, which ripped her family apart. Court lists change to suit the needs of the day. Currently offenders are assessed, placed on a treatment program and case managed for a period of up to 24 months. WebBefore HER HONOUR JUDGE TOVEY Court 2-2, District Court Building THE STATE OF WESTERN AUSTRALIA v Mylles Stephen BATES (IND/693/2020) Trial with Jury 10:00 The online court lists for the District Court of Western Australia detail the matters appearing before the court each day - including the judges presiding and the Kelly snatchedCleofrom her family's tentat the Quobba Blow Holes, about 70 kilometres, north of Carnarvon in the early hours of October 16, 2021. 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. EQari\M0x. 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. Is the sentence going to be effective? 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. When police discovered her, she was in the room on a mattress playing with toys. All times AEST (GMT +10). To locate Australian sentencing decisions for specific offences search in Australian Current Law - Reporter in Lexis Advance. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this In his police interview, Kelly described Cleo as "bossy" when asking for chocolates, and saidhe did "rough her up" and had smacked her,but had not wanted to harm her badly. Police commissioner Col Blanch said the girls rescue was the greatest moment of WA police history. As of 6 March 2017 the Office of the Director of Public Prosecutions (ODPP) will only consent to a pending charge or charges being dealt with by a superior court pursuant to section 32 of the Sentencing Act 1995 if it is: An indictable charge within the meaning of section 3 of the Criminal Procedure Act 2004; or. Hewill have to serve over 11years before he is eligible for release on parole. "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. But Judge Wager had to weigh up many things, and there were many mitigating circumstances, and I respect the courts decision.. The A Registrar will then determine whether or not it is appropriate to provide a copy of the transcript. Listen. Some time early the following morning, as the family slept, Kelly crept into their tent and made off with the young girl. For Judge Wager gave Kelly the full 25 per cent discount on his sentence for his early plea. Terence Kelly, 37, pleaded guilty to abducting Cleo Smith from the tent she was sharing with her family in the early hours of October 16, 2021, and was sentenced Wednesday in Perths District Court. It also responds to some common criticisms that are made about sentencing. In the majority of these cases the judge who The ODPP and the Law Society of Western Australia have settled a joint protocol regarding the circumstances in which a Letter of Recognition will be made available to Defence Counsel by the ODPP. After his arrest, Kelly said in his police interview that Cleo had cried when left alone and he had roughed her up a few times and smacked her for being bossy and asking for chocolate, but that he had not wanted to hurt her badly.Kelly also told police that he had tried to tie up Cleos hands, feet and mouth using sticky tape and tried to tie her to a chair, but both failed because she was a bit of a fighter. WADistrict Court Chief Judge Julie Wager described Kelly's actions as being "at the highest level of seriousness". 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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. the District Court of Western Australia. Smith woke at 6am to find the tent zipper opened until 30cm from the top higher than the four-year-old could reach and Cleo and her red sleeping bag missing from the Blowholes campground, 10 hours drive north of Perth. What happened next was a massive manhunt, lasting more than two weeks, as police scrambled to track down the missing girl. Follow our Australia news live blog for the latest updates. Every community needs to devote a good deal of time and energy to producing a justice system that is as logical, rational, sensible and effective as possible. He ended up in prison in 2014 for three years on burglary offences and began using methamphetamine upon release. It sparkedone of the biggest searches in WA history. All contents copyright Government of Western Australia. The court heard Kelly had created what the chief judge described as an "idealised fantasy world" which protected him from the "depressing" real world. She saidCleo's life, and that of her family, had been "permanently impacted", something she said wouldnever go away. The use of materials on this website, including published reasons for decision, is subject to theConditions of Use which include copyright restrictions. These questions will be considered from the point of view of judges and magistrates who daily impose sentences in the courts. Supreme Court chief justice Julie Wager has sentenced Terence Darrell Kelly to 13 years and 6 months in prison for snatching the then four-year-old and keeping The court heard on Wednesday that Kelly burned the onesie, underwear and sleeping bag that she was taken in. Nationwide News Pty Ltd 2023. The Office of the Director of Public Prosecutions (DPP) prosecutes all offences 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. All rights reserved. WebThe Perth Drug Court was established as part of a range of strategies developed at a State and national level, intended to promote a coordinated and relevant approach to the difficulties created within the community as a result of illicit drug use. Decisions from 1 January 2021 are listed below. He was among the four Homicide Squad detectives who rescued Cleo and was the one to call her parents to let them know she had been found alive. The District Court deals with serious criminal offences that must be tried before a judge and jury or judge sitting alone. Cleo would cry and plead with Kelly to see her parents, prompting her captor to turn up the radio to mask her sounds from the neighbours. He pleaded guilty to that incident in January this year and was fined $1000. No child in Western Australia should have suffered the neurodevelopmental difficulties, the trauma, the grief and the neglect that you suffered as a child and as a young person, Wager said. Home
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The offenders identity cannot be published to protect the identity of his victims. https://guides.library.uwa.edu.au/case_law, Judge for Yourself: a guide to sentencing in Australia, Creative Commons Attribution-ShareAlike 4.0 International Licence. About 1am on Wednesday 3 November 2021, police stormed Kellys locked housing commission duplex in nearby Carnarvon and found the girl playing with toy cars alone in a bedroom. Where a Judge or Registrar does not publish written reasons for decision, a party is entitled to obtain a transcript of the hearing at which the reasons were given. 
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. Magistrates Court Restraining Orders Appeals. The Perth Drug Court deals with offenders who have committed offences and have drug related problems. 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. He sat in thedock partially surrounded by glass panels, with Cleo's family members sitting just metres away in the public gallery. My concern for the family, today would have been a very emotional time, I think theyve got enough to deal with as it is, its been over 500 days since the incident, my time, and the police time, is to leave them alone.. 
Kelly has been held at a Casuarina maximum security prison in Perth for nearly 18 months. He was also found guilty of The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. If you have a legal problem, you should consult a lawyer or a legal service agency. 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. When the couple woke thenext morning, they discovered Cleo was missing, along with her sleeping bag. WebBalancing reasons for a sentence 18 Picture: WA District Court 19 What sentencing laws require 20 Avoiding unnecessary punishment 21 The sentencing options 22 District or County Courts which hear serious cases, such as rape, armed robbery and culpable driving. In many of these applications the judge will deliver oral reasons for decision and will not publish written reasons. "But 18 days without contact or explanation, and with hours totally on her own and no access to the outside world would have been very traumatic. WebCourt Rolls Search. Information on this site is provided for research and public information purposes. Joint Protocol between the Office of the Director of Public Prosecutions and the Law Society of Western Australia regarding circumstances in which Letters of Recognition will be made available to Defence Counsel (PDF, 86.36KB), Joint Protocol between the Director of Public Prosecutions and Western Australia Police regarding issuing and handling of Letters of Recognition (PDF, 66.69KB). The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. Commissioner Blanch recounted the 18 days of "blood, sweat and tears" that the family and police endured while searching for Cleo. %PDF-1.3
The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. Cultural Immersion Program - Judges Visit the Kimberley 2022, His Honour Judge Mark Ritter SC Welcome Ceremony on 22 February 2023, Appointment of Registrars Tania Jeyamohan and Samuel Nunn, Public Holiday on 22 September - National Day of Mourning. The judge described how Cleo would be permanently affected by the abduction, which ripped her family apart. Court lists change to suit the needs of the day. Currently offenders are assessed, placed on a treatment program and case managed for a period of up to 24 months. WebBefore HER HONOUR JUDGE TOVEY Court 2-2, District Court Building THE STATE OF WESTERN AUSTRALIA v Mylles Stephen BATES (IND/693/2020) Trial with Jury 10:00 The online court lists for the District Court of Western Australia detail the matters appearing before the court each day - including the judges presiding and the Kelly snatchedCleofrom her family's tentat the Quobba Blow Holes, about 70 kilometres, north of Carnarvon in the early hours of October 16, 2021. 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. EQari\M0x. 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. Is the sentence going to be effective? 
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. When police discovered her, she was in the room on a mattress playing with toys. All times AEST (GMT +10). To locate Australian sentencing decisions for specific offences search in Australian Current Law - Reporter in Lexis Advance. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this In his police interview, Kelly described Cleo as "bossy" when asking for chocolates, and saidhe did "rough her up" and had smacked her,but had not wanted to harm her badly. Police commissioner Col Blanch said the girls rescue was the greatest moment of WA police history. As of 6 March 2017 the Office of the Director of Public Prosecutions (ODPP) will only consent to a pending charge or charges being dealt with by a superior court pursuant to section 32 of the Sentencing Act 1995 if it is: An indictable charge within the meaning of section 3 of the Criminal Procedure Act 2004; or. Hewill have to serve over 11years before he is eligible for release on parole. "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. But Judge Wager had to weigh up many things, and there were many mitigating circumstances, and I respect the courts decision.. The A Registrar will then determine whether or not it is appropriate to provide a copy of the transcript. Listen. Some time early the following morning, as the family slept, Kelly crept into their tent and made off with the young girl. For Judge Wager gave Kelly the full 25 per cent discount on his sentence for his early plea. Terence Kelly, 37, pleaded guilty to abducting Cleo Smith from the tent she was sharing with her family in the early hours of October 16, 2021, and was sentenced Wednesday in Perths District Court. It also responds to some common criticisms that are made about sentencing. In the majority of these cases the judge who The ODPP and the Law Society of Western Australia have settled a joint protocol regarding the circumstances in which a Letter of Recognition will be made available to Defence Counsel by the ODPP. After his arrest, Kelly said in his police interview that Cleo had cried when left alone and he had roughed her up a few times and smacked her for being bossy and asking for chocolate, but that he had not wanted to hurt her badly.Kelly also told police that he had tried to tie up Cleos hands, feet and mouth using sticky tape and tried to tie her to a chair, but both failed because she was a bit of a fighter. WADistrict Court Chief Judge Julie Wager described Kelly's actions as being "at the highest level of seriousness". 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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. the District Court of Western Australia. Smith woke at 6am to find the tent zipper opened until 30cm from the top higher than the four-year-old could reach and Cleo and her red sleeping bag missing from the Blowholes campground, 10 hours drive north of Perth. What happened next was a massive manhunt, lasting more than two weeks, as police scrambled to track down the missing girl. Follow our Australia news live blog for the latest updates. Every community needs to devote a good deal of time and energy to producing a justice system that is as logical, rational, sensible and effective as possible. He ended up in prison in 2014 for three years on burglary offences and began using methamphetamine upon release. It sparkedone of the biggest searches in WA history. All contents copyright Government of Western Australia. The court heard Kelly had created what the chief judge described as an "idealised fantasy world" which protected him from the "depressing" real world. She saidCleo's life, and that of her family, had been "permanently impacted", something she said wouldnever go away. The use of materials on this website, including published reasons for decision, is subject to theConditions of Use which include copyright restrictions. These questions will be considered from the point of view of judges and magistrates who daily impose sentences in the courts. Supreme Court chief justice Julie Wager has sentenced Terence Darrell Kelly to 13 years and 6 months in prison for snatching the then four-year-old and keeping The court heard on Wednesday that Kelly burned the onesie, underwear and sleeping bag that she was taken in. Nationwide News Pty Ltd 2023. The Office of the Director of Public Prosecutions (DPP) prosecutes all offences 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. All rights reserved. WebThe Perth Drug Court was established as part of a range of strategies developed at a State and national level, intended to promote a coordinated and relevant approach to the difficulties created within the community as a result of illicit drug use. Decisions from 1 January 2021 are listed below. He was among the four Homicide Squad detectives who rescued Cleo and was the one to call her parents to let them know she had been found alive. The District Court deals with serious criminal offences that must be tried before a judge and jury or judge sitting alone. Cleo would cry and plead with Kelly to see her parents, prompting her captor to turn up the radio to mask her sounds from the neighbours. He pleaded guilty to that incident in January this year and was fined $1000. No child in Western Australia should have suffered the neurodevelopmental difficulties, the trauma, the grief and the neglect that you suffered as a child and as a young person, Wager said. Home
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