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Offence of Child Stealing and Kidnapping in Western Australia

For the past week, Australians have shared the horrendous situation being experienced by Cleo Smith’s family as police continue to investigate the 4-year old's disappearance.

Police cars continue search for Cleo

The Disappearance of Cleo

On October 16, Cleo Smith mysteriously disappeared from her parents' tent in the Blowholes camping ground. Since then, police have received a lot of information from the public, including more than 200 possible sightings of the child. So far the sightings have been ‘fruitless’ but police are still encouraging the public to provide any information they believe might be helpful to their investigation.

Detectives have focused heavily on CCTV footage from the entire Carnarvon area, but because most Australians carry around cameras and videos and many cars are fitted with dash-cams, the public is deemed to have an important role to play in this investigation too. 

 

How the Public Can Help Police Investigators

Only recently in the US, video footage taken by a family on holiday was instrumental in helping investigators find the body of Gabby Petito who is believed to have been murdered by her boyfriend Brian Laundrie, and whose body remains have now also been found.

With that said, the role of technology in any police investigation can be a double-edged sword. In the past couple of days, it has been reported that Cleo Smith’s parents have been the subject of horrendous social media ‘trolling’. Police have ruled out both Cleo’s mother and stepfather as suspects. It is difficult to imagine the emotional stress they’re already under without being poked at and bullied online.

$1 Million Reward for Information

Although so far the police do not appear to have any suspects, detectives are working tirelessly and have already stated that Cleo’s parents are cooperating fully. The current focus of police investigations is reported to be forensic testing around the campsite. Police are also appealing for information about a car that was seen turning right off Blowholes Road and driving in a southerly direction towards Carnarvon between 3:00 am and 3:30 am which is shortly before Cleo was reported missing. The car was seen by two people who have been described as ‘credible sources’.

Police are calling for the driver and occupants of this car to come forward, and are also encouraging the public to come forward if they have information. A $1 million reward has been offered for information that leads to the four-year-old being found, or to an arrest or conviction of anyone involved in her disappearance.

The case has also led the Australian Federal Government to consider strengthening laws that give law enforcement agencies greater scope and powers to act in the case of crimes against children.

 

The Offence of Child Stealing in Western Australia

Section 343 of The Criminal Code Act Compilation Act 1913 states

Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge of a child under the age of 16 years, of the possession of such child, or with intent to steal any article upon or about the person of any such child —

  • Forcibly or fraudulently takes or entices away, or detains the child; or
  • Receives or harbours the child, knowing it to have been so taken or enticed away or detained;

is guilty of a crime, and is liable to imprisonment for 20 years.

Defences to the charge include proof that the accused person claimed a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father or parent under section 6A of the Artificial Conception Act 1985.

 

Contact Us

If you are facing criminal charges and need representation from an experienced Criminal Lawyer, contact the Andrew Williams Criminal Law Offices without delay on (08) 9278 2575.

 

Footnote

Cleo Smith was found alive and well on November 3 2021, and was reunited with her family after 18 days missing. A 36-year-old man has been arrested and formally charged with forcibly taking a child, as well as other criminal offences in relation to her abduction. Police investigations are continuing. 

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.

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