23-year non-parole term for murder of Jade Bayliss

The Crown wanted double child killer Jeremy George Edward McLaughlin jailed for his whole life, without parole, but the High Court has chosen to impose a 23-year non-parole term as part of his life sentence.

The case against him was described as overwhelming, at his sentencing by Justice Graham Panckhurst who said it was a brutal and senseless murder.

He said it was disturbing and chilling to see the efficient and emotionless way he acted that day, after he had taken the life of 13-year-old Jade Bayliss, and in his interview with the police.

The 35-year-old continues to deny the murder of Jade, who he strangled when she disturbed him in the burglary of an ex-partner’s home. He then set the house alight with petrol.

Justice Panckhurst said it was simply fatuous to claim that McLaughlin committed the burglary and arson of the house – charges he admitted – but did not commit the murder of the girl.

The judge believed from the evidence at trial that she disturbed him in the burglary and he then strangled her with a ligature and stuffed socks in her mouth before leaving her dead on the floor of her bedroom. He later set the house alight.

McLaughlin was then recorded on camera going about the business of selling items from the burglary. Soon after he left Westfield Mall, Jade’s wallet was found under where a car had been parked in the carpark. McLaughlin’s DNA was found in a sample taken from beneath the girl’s fingernail.

Justice Panckhurst said the police’s attention to detail in preparing the case had been meticulous. There had been no option but to plead guilty to the burglary and arson. His refusal to acknowledge the obvious concerning the murder charge was “very disturbing”.

Crown prosecutor Brent Stanaway said McLaughlin’s circumstances “elevate this case into a situation where life without parole can be imposed”. If that sentence was not imposed, the Crown said a minimum non-parole term of 22 years was appropriate.

He said McLaughlin continued to deny the murder, and his life had a common theme of deflecting blame and responsibility.

He pointed to psychological reports which said there was a history of him believing that victims had “disrespected or belittled him in some way”. The reports were sad reading, including his continued denial of the murder. The report writers referred to traits of deceit, lying, and manipulation.

The sentencing session in the High Court at Christchurch heard details about the 1995 incident in Western Australia where McLaughlin was convicted of manslaughter and causing grievous bodily harm

Mr Stanaway told the court: “The offender has now been involved in the killing of two young people. Individual deterrence and community protection are paramount considerations.”

Defence counsel Margaret Sewell urged that a minimum non-parole term be imposed rather than life-without-parole. She said psychiatrist’s report assessed him as a medium to high risk of future offending, but the psychological report assessed him as a high risk.

Her submissions on the offending were restricted by his continued denials, he said.

The material before the court indicated he felt that revenge on his former partner justified the burglary and arson of the house in Barrington Street on November 10, 2011. It was likely that the murder was a chance encounter.

The trial in April was told that Jade was home ill from school that day.

McLaughlin had handed in a letter to the victim’s family that he wanted to read out in court, but it was ruled out by Justice Panckhurst because it would not be appropriate because it still contained a denial of the murder. “In my view, the letter is simply going to inflame the situation rather than effect anything in the nature of an apology.”

Tina Bayliss, Jade’s mother, said her daughter had been “the apple of my eye” and she had referred to her as her special friend. She had been an exceptional student, one of Cashmere High School’s top 20 students. “I think of her every day.”

Mrs Bayliss, who had previously been in a relationship in McLaughlin, said: “I blame myself every day…all the ifs…if only.”

She had had suicidal thoughts and still felt pretty negative about most things in life.

She travelled to Australia to meet the families of the victims of McLaughlin’s earlier offending. She came away with a sense of disbelief that someone could offend against three children and still show no remorse.

Jade’s father, Gary Bayliss, said the loss of his daughter had “ripped me up inside” because she had been robbed of her whole future. His own father was a shadow of his former self, and suffered from depression since the loss of Jade. “We all love you and miss you Jade. You will be in our hearts and thoughts always,” his victim impact statement said.

McLaughlin’s record includes the killing of another child in Perth in November 1995. Two boys were bashed with a cricket bat, run over by a car, and then robbed. Fourteen-year-old Phillip Vidot died and his friend was left in a coma for eight days and still has brain damage.

McLaughlin and other young offenders were convicted of manslaughter and causing grievous bodily harm. McLaughlin was 18 when he committed these offences for which a 12-year jail term was imposed.

McLaughlin also has a conviction for burglary from 2005 when he was sentenced to eight months’ imprisonment.

Justice Panckhurst said McLaughlin was seen as being calm, polite, and articulate on the surface, but the psychiatric reports described him as self-focussed, vengeful, and mimising, and having a tendency to blame others. He did not have a psychiatric history, nor symptoms of mental illness.

Prospects for rehabilitation were low, because of his continuing denials, said the judge. Imposing the 23-year non-parole term as part of the life sentence, he said McLaughlin would be aged almost 60 when parole even became an option. “Then the life sentence will still apply unless you satisfy the Parole Board that you no longer pose a risk tothe community.”

A few people in the public gallery abused McLaughlin as he was led to the cells.

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