The person convicted of abducting and killing lacking West Australian teenager Hayley Dodd has did not have his conviction and sentence overturned.
Francis John Wark, 67, was sentenced to a report 18 years in jail at retrial for the 1999 manslaughter of the 17-year-old.
It was the longest manslaughter sentence ever handed down within the state in 2021 after Wark was acquitted by a jury of murdering the teenager however discovered responsible of the lesser cost.
His attraction towards the conviction and sentence was heard by the Court docket of Attraction final 12 months.
Three judges dismissed his challenges in a choice revealed on Tuesday.
Hayley was final seen alive in 1999, strolling alongside a street close to rural Badgingarra, about 200 kilometres north of Perth.
Her physique has by no means been discovered.
Wark was charged in 2015 after a chilly case evaluation linked an earring and a strand of hair present in his Holden ute to Hayley.
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He was convicted in 2018 of murdering the teenager however efficiently appealed the conviction in 2020 earlier than a retrial was ordered.
In his sentencing remarks following the second trial in 2021, Justice Stephen Corridor discovered Wark had lured Hayley into his ute with the intention of sexually assaulting her and attacked her when she tried to withstand.
He then disposed of her physique with "callous disregard" in a manner that ensured he wouldn't be linked to her dying.
The 18-year sentence is six years longer than the earlier report manslaughter sentence in WA.
Wark can be eligible for parole after serving 16 years however he'll solely be launched if he complies with the state's no physique, no parole legislation.
If he does not he is not going to full the sentence of 18 years' imprisonment till 2037 when he can be aged 81.
Wark has been behind bars since 2007, when he was jailed for raping a girl he picked up in a distant a part of Queensland.
He most lately appealed towards his conviction alleging the responsible verdict was not supported by the proof.
He additionally claimed that together with proof in his trial about his 2007 sexual assault of the hitchhiker was a miscarriage of justice.
"We have now little question, for the explanations we've got given ... that the appellant's inclination or predisposition might rationally have an effect on, to a big extent, the evaluation of the likelihood that on 29 July 1999 the appellant picked up Ms Dodd ... on the place the place she disappeared on North West Highway," Justices Michael Buss, Robert Mazza and John Vaughan wrote of their judgment.
"After choosing up Ms Dodd, the appellant detained and assaulted her; and the appellant killed Ms Dodd in the midst of prosecuting that illegal function."
Wark appealed towards his sentence on the premise that it was extreme and Corridor had erred when he discovered Wark had used "violence for the aim of furthering a sexual goal".
Buss, Mazza and Vaughan stated Wark's report demonstrated he was not a person of fine character, didn't settle for accountability for his prison conduct and had no empathy or regret.
"We're glad, having regard to the character and info of the appellant's offending and his private circumstances and antecedents ... that the appellant's offending was not merely a grave occasion of the offence of manslaughter," they wrote of their causes.
"It was inside the 'worst class' of the offence.
"The appellant's offending warranted the imposition of the utmost penalty of 20 years' imprisonment, topic to reductions on account of the mitigating elements."
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