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Isn’t the insanity defence a little of a stretch, don’t you need to be able to prove psychosis at the time the offence was committed? A would-be child abductor I think in Australia actually got a 4 year jail sentence because he was in a psychosis, he tried to pull the child from the dads arms.
 

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Investigators and forensics are back at the house.

Police forensic investigators are expected to spend at least the next week, if not longer, at the Carnarvon house where four-year-old Cleo Smith was found. It is understood they will remain in the town for the next three weeks as the investigation continues.

 
Collecting dolls does nothing to support a defence of insanity - mental impairment or diminished responsibility. In fact if what we've seen put forward as his doll collection, where there's a place for everything in a perfect arrangement, it won't help one bit.

I've been right over this and at this stage, I can't see where a defence might be raised. These weren't the actions of a man who didn't know what he was doing was wrong without the ability to plan and prepare.

Here's some reading anyway, I think this is up to date but even if it's since been tweaked or not followed through on all recommendations, it probably won't make much difference. It provides a good understanding.


Strictly legal - opinion.

I suspect the small amount of charges the police have laid thus far on the alleged perpetrator, would of been on the advice of the public prosecutor in accordance with the irrefutable evidence the police have to date - specifically in relation to the perpetrator's mental ability to understand the charges with little chance for deniability;
"Sir, did you remove Cleo Smith from the tent?" Yes. "Did you seek permission from her parents to do so". No. = child stealing.

The 2nd charge, not being made public for now, 'I suspect' is either false imprisonment or deprivation of liberty. But until there is clear evidence from Cleo's testimony, which may or not be admissible in court, legally speaking, neither of these charges can or should be assumed.

From a general perspective it's obvious and plausible that the perpetrator held this child captive in an environment conducive to physical and mental endangerment, but/but - is there actually any evidence she was physically harmed, restrained or threatened in any way..?
While clearly Cleo was not with him voluntarily, as much as we don't want to admit/accept this, Terry Kelly's legal defense may well argue this point..
 
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I can't get into this as behind a paywall but someone might in the next day or so. It looks interesting.

Dangerous descent into make-believe
Officers from the WA Department of Justice’s Special Operations Group are escorting Terry Kelly to a maximum security facility.

 
Strictly legal - opinion.

I suspect the small amount of charges the police have laid thus far on our alleged perpetrator, would of been on the advice of the public prosecutor in accordance with the irrefutable evidence the police have to date - specifically in relation to the perpetrator's mental ability to understand the charges with little chance for deniability;
"Sir, did you remove Cleo Smith from the tent?" Yes. "Did you seek permission from her parents to do so". No. = child stealing.

The 2nd charge, not being made public for now, 'I suspect' is either false imprisonment or deprivation of liberty. But until there is clear evidence from Cleo's testimony, which may or not be admissible in court, legally speaking, neither of these charges can or should be assumed.

From a general perspective it's obvious and plausible that the perpetrator held this child captive in an environment conducive to physical and mental endangerment, but/but - is there actually any evidence she was physically harmed, restrained or threatened in any way..?
While clearly Cleo was not with him voluntarily, as much as we don't want to admit/accept this, Terry Kelly's legal defense may well argue this point..
Will get off very lightly. Be sure of that.
 
isn
One odd thing about the picture of him sitting in the car with the dolls.

That looks like it is taken with him in the passenger seat rather than the drivers seat.

Does that suggest that someone else was driving him around on these doll trips? If so - who?

I really apologise the photo also has Cleo in it - I couldn't find one with just him in the car.

View attachment 1275119
isn't a selfie mirrored?
 

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That was one of the scariest, true to life movies I've ever seen. I won't spoiler it but how was the ending?! I was crying.


I don't know about you but I knew the perp the moment they introduced them. A few earlier clues lead to that point. The rest were just red herrings.

Jackman's acting in the bathroom was ******* scary. The other guy in an interview said he was terrified during the scene because it was on one take and improvised.

So glad I didn't watch the trailer. You have less idea of what's going to happen, or what to expect.
 
Strictly legal - opinion.

I suspect the small amount of charges the police have laid thus far on the alleged perpetrator, would of been on the advice of the public prosecutor in accordance with the irrefutable evidence the police have to date - specifically in relation to the perpetrator's mental ability to understand the charges with little chance for deniability;
"Sir, did you remove Cleo Smith from the tent?" Yes. "Did you seek permission from her parents to do so". No. = child stealing.

The 2nd charge, not being made public for now, 'I suspect' is either false imprisonment or deprivation of liberty. But until there is clear evidence from Cleo's testimony, which may or not be admissible in court, legally speaking, neither of these charges can or should be assumed.

From a general perspective it's obvious and plausible that the perpetrator held this child captive in an environment conducive to physical and mental endangerment, but/but - is there actually any evidence she was physically harmed, restrained or threatened in any way..?
While clearly Cleo was not with him voluntarily, as much as we don't want to admit/accept this, Terry Kelly's legal defense may well argue this point..
It’s the psychological damage to parents and community and Cleo. That’s the thing. I know you can sue for that can’t you? For scaring the shite outta everyone.
 
The press found his facebook posts the night Cleo was abducted. Some of us knew they were there but weren't absolutely sure at the time if it was the correct account.


The man accused of kidnapping Cleo Smith .. wrote about needing privacy and adults being 'careful online too' the day she disappeared.

Terence Darrell Kelly has been charged with two offences including forcibly taking a child under 16 after four-year-old Cleo was taken from her tent at the Blowholes campsite, in WA, in the early hours of October 16.

Kelly's Facebook profile showed that hours before Cleo's mother discovered her missing, he posted about his need for privacy.

'I can't accept friend requests from strangers... I live a private life and I respect those who are on my friend list to ensure their privacy is respected too,' his Facebook status read.

'Us adults have to be careful online too.'

The post explained he would not become 'mates' with people just because they know his family or other friends.

It's understood the post was made about 5am.

https://www.dailymail.co.uk/news/ar...pDia-vSi50O_ltUoL3VX7IVe7yUarAWT9Hco0XAKjIlAk
 
He was shopping while he had Cleo.

More recent purchases, while Cleo was still missing, seem to have attracted the attention of police with the local toy shop asked to hand over CCTV footage.

and

Neighbour Henry Dodd claimed he saw the accused kidnapper with a dozen dolls in the back of his dark blue Mazda one week before his arrest, when police were desperately scouring the state searching for Cleo.

Mr Dodd said the brand new dolls were still in their packaging 'as if they had been collected from the post office'.

Neighbours say they'd only ever known Kelly to 'walk everywhere' up until last year, after his grandmother died.

He returned home one day with a new model Blue Mazda, which he kept behind locked gates in 'the same spot every day'.

 
It’s the psychological damage to parents and community and Cleo. That’s the thing. I know you can sue for that can’t you? For scaring the sh*te outta everyone.


Victim impact statements from the parents and perhaps other family members will be expected and submitted, but outside of that, emotion/trauma affecting the community, while the prosecution may make reference to this, will likely not be admissible.
 
I can't get into this as behind a paywall but someone might in the next day or so. It looks interesting.

Dangerous descent into make-believe
Officers from the WA Department of Justice’s Special Operations Group are escorting Terry Kelly to a maximum security facility.


I can't get it either, but definitely want to read this article as it mentions about his Grandmother.

Mr Kelly was known to be close to a woman locals considered his grandmother, Penny Walker.
 
Could it have been a selfie taken in a different country where they drive on the other side of the road?

Or was he just trying to fool ppl into thinking he was a passenger, by appearing to be in the passengers seat, because he did not have a registered car or even a drivers licence ?
He probably reversed the image to catch his better side.
 
craffles mate, in saying that I have no sympathy for a child snatcher I’m definitely not one of these stalking his FB and leaving disgusting comments, or wishing him to get bashed and assaulted in jail. No one even knows what he did and why yet. And even if he wants to collect dolls too thats not so strange, many people collect toys…I’m not jumping to conclusions and inventing theories that his collection has anything to do with pedophilia, I‘ll leave that crap for the police, psychologists and courts to work out.

I’m more interested in how he managed to get a 4 year old out of a tent so quietly and keep her for so long in the middle of a town that was madly looking for her…that's the part that interests me, the actual crime part of it is bizzare!
Now that’s she’s home safely of course :)
Agree why didn't she make a noise. I think she knew him
 
Ask Tom Doyle where he he would've started asking for information ten years ago, as it's probably the same areas worthy of seeking tip offs from now, because if it's a local, that mob would be the most likely to know who's come and gone in the crucial time frame, and probably be able to point the finger toward an individual with opportunity and inclination

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The police probably aren't in the position of where they just don't have enough information particularly with the $1m reward on offer, it may be now that they have too much and it's just a matter of time needed to sift through it all?



He was shopping while he had Cleo.

More recent purchases, while Cleo was still missing, seem to have attracted the attention of police with the local toy shop asked to hand over CCTV footage.

and

Neighbour Henry Dodd claimed he saw the accused kidnapper with a dozen dolls in the back of his dark blue Mazda one week before his arrest, when police were desperately scouring the state searching for Cleo.

Mr Dodd said the brand new dolls were still in their packaging 'as if they had been collected from the post office'.

Neighbours say they'd only ever known Kelly to 'walk everywhere' up until last year, after his grandmother died.

He returned home one day with a new model Blue Mazda, which he kept behind locked gates in 'the same spot every day'.





But, my guess was on the money, even if none of the mob is claiming it. In hindsight, the mob at Carnarvon knew, but didn't realise it at the time.

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