Eden Kane
Eden Kane

‘Devil made me do it’ kidnapper walks free

A MAN who claimed the devil made him abduct a girl, 3, from her home in the middle of the night has had his jail sentence reduced by a year and a half, with a court ordering he be released on parole immediately.

Eden Kane, 50, kept the Childers child for two days in April, 2014, before leaving her at showgrounds near her home.

The girl was found after police heard her calling out "Mummy'', about 12.20am on April 11, 2014.

Kane did not know the little girl, who was not sexually interfered with, or her family.

After Kane pleaded guilty to child stealing, burglary and other offences, he was sentenced last month in Brisbane District Court to four and a half years' jail, with a parole eligibility date set at August 17.

Fourteen months he had already spent in custody was counted as time already served on his sentence.

After Kane appealed against the sentences, the Court of Appeal on Friday reduced his sentence to three years, ordering he be released on parole that day.

At his trial, Crown prosecutor Mark Whitbread said Kane told police that the devil drew him to the girl's house late on April 9, 2014, and told him what to take.

Eden James Kane, 45, from South Isis near Childers. Picture: File
Eden James Kane, 45, from South Isis near Childers. Picture: File

Sentencing Judge Nathan Jarro said the experience would have been "an extremely terrifying ordeal" for the little girl and her family.

In his appeal, Kane said the judge erred in finding that the child would have been "terrified''.

But the Court of Appeal rejected that appeal ground, saying it was fair to infer that the experience would have been frightening for the child, who still suffers from nightmares and is too afraid to sleep in her own bed.

Kane suffers from Bipolar Disorder and the Court of Appeal found his mental health was an important factor that reduced his moral culpability.

The Court of Appeal judges said Kane had already served a lengthy period on remand and spent a longer period at large while undergoing successful medical treatment.

"His condition is such that a further period of custody of a few months is not called for by any consideration of personal deterrence, nor would it serve the purposes of general deterrence,'' the judges said.

"The outrage that (Kane) perpetrated upon (the girl) and her family by adducting her should be recognised by an appropriate head sentence.''

The judges said it was appropriate that Kane be under supervision in the community on a parole order.