A killer who appeal after being convicted of murdering a disability pensioner has learned the outcome.
A killer who appeal after being convicted of murdering a disability pensioner has learned the outcome.

Killer carer learns outcome of murder appeal

A CAIRNS man who killed the disability pensioner he was caring for, then stole his car and went on a spending spree with his credit cards, has lost his appeal bid.

The decomposing body of Mooroobool man Robert Duffy was found bound and gagged in his home on February 20, 2017 with medical evidence later ruling he had been the victim of a "forceful, protracted attack".

The 62-year-old's body was found days after his death with a stereo cord wrapped around his feet, his hands bound with an ironing cord and a belt pulled tightly around his neck.

Disabled pensioner Robert Duffy, whose body was found bound and gagged on the ensuite floor, of his Dodd St home.
Disabled pensioner Robert Duffy, whose body was found bound and gagged on the ensuite floor, of his Dodd St home.


Yellow twine had also been wrapped around his neck, legs and torso.

His carer Terrence Steven Arthur Barallon, 48, was arrested soon after and pleaded guilty to manslaughter at the start of this 2018 trial, but not guilty to murder.

During his hearing in the Court of Appeal in July, his barrister Andrew Hoare argued there was not enough evidence to find him guilty of murder.

Barallon had argued he had "flipped out" after claiming Mr Duffy, a gay man, had sexually assaulted him, and was sent into a "blind rage", punching him multiple times before leaving the room.

Mooroobool carer Terrance Barallon, 48, lost his murder appeal.
Mooroobool carer Terrance Barallon, 48, lost his murder appeal.

However he claimed he only realised the next morning Mr Duffy was dead.

In the days afterwards he withdrew significant sums of cash from Mr Duffy's account and drove his Mercedes vehicle, which he abandoned in the Cairns TAFE carpark after seeing a police car.

He was eventually arrested at a Port Douglas hotel room where he had booked to stay for several nights.

Justice David Boddice handed down his decision in the Court of Appeal on Friday morning, throwing out the appeal and said the jury's verdict was "not unreasonable.

Terrance Barallon, 48, is serving a life sentence for murder.
Terrance Barallon, 48, is serving a life sentence for murder.

'The only rational and reasonable inference from the appellant's conduct was that his killing of the deceased, with the requisite intention, was deliberate, considered and occurred over a protracted period of time," he said in published findings.

"It was open to the jury to conclude that the deceased's momentary action of touching could not have caused an ordinary person to lose control and act as the appellant did by killing the deceased with the requisite intention. The appellant's actions constituted extraordinary aggressiveness and want of self-control, inconsistent with the actions of ordinary persons with ordinary powers of self-control.

Disabled pensioner Robert Duffy.
Disabled pensioner Robert Duffy.

"Nothing in the consideration of the record as a whole raises discrepancies, inadequacies or a lack of probative force, such as to lead to a conclusion that there is a significant possibility that an innocent person has been convicted of the offence of murder."

Originally published as Killer carer learns outcome of murder appeal



Seaweed farms to turn nitrogen into fertiliser

Premium Content Seaweed farms to turn nitrogen into fertiliser

The project will develop new technologies to enable seaweed biofilters to absorb...

Independent has how-to-vote cards rejected by ECQ

Premium Content Independent has how-to-vote cards rejected by ECQ

The Electoral Commission of Queensland claimed the cards could ‘mislead and...

SCHOOLS IN FOCUS: Students put STEM skills to test

Premium Content SCHOOLS IN FOCUS: Students put STEM skills to test

FOUR TEAMS from Gladstone schools have been crowned champions of Gladstone Ports...