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A man whose the wife was killed in a home invasion on Boxing Day says it is “difficult to accept” that one of the teenagers involved will be released from court for lesser offences.
Mother-of-two Emma Lovell, 41, was stabbed to death on the front lawn of her home in the Northern Lakes, north of Brisbanein December 2022
One of the young men pleaded guilty to the murder and was sentenced to 14 years in prison in May.
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The other youth, now 19, appeared in Brisbane’s Supreme Court on Wednesday for sentencing after being acquitted of murder or manslaughter and wounding Ms Lovell at a trial in October.
He was found guilty of burglary and assault on her husband Lee and sentenced to 18 months in custody – time he has already served.
He has convictions for breaking into Lovell’s home and another burglary. He was not placed on probation.
Mr Lovell said outside court he believed the youth should have received the same 14-year sentence as his co-offender.
“Seeing him go out … was hard to take. It doesn’t feel like we have much of a judicial system,” he said.
Queensland Attorney General Deb Frecklington said the sentence would not meet the community’s expectations or her own.
“I will consider all aspects of today’s sentencing and receive further advice on the legal options available to me,” she said in a statement on Wednesday.
‘Horrifying reality’ of Queensland’s youth crime crisis
Ms Frecklington said her thoughts were with the Lovell family and Emma’s death “reveals the horrific reality” of Queensland’s youth crime crisis.
Crown prosecutor David Nardone told Judge Copley the youth had 104 previous criminal convictions and had committed offenses while on a community order and probation.
“His record is dominated by property offenses and dishonesty, but includes violent robbery and common assault,” Mr Nardone said.
“The burglary and assault (at Lovell’s home) took place in the evening after he had been out on bail for hours.”
Mr Nardone said the youth had also pleaded guilty to 19 other offences, mainly relating to shoplifting alcohol worth $2,000 and wallets and vehicles from homes while in company and at night, between September and December 2022.
One of the homes attacked by the youth was occupied by a woman at the time, and other crimes involved him entering a garage while it was still under construction.
Mr Lovell read from his victim impact statement but Judge Michael Copley said he would not be able to take into account any parts involving Emma Lovell’s death.
“We have made our home a place of love and protection … the actions of you and your accomplice have taken away our sense of safety,” Mr Lovell said.
“A night of unimaginable tragedy began when you decided to enter my home.”
Mr Lovell said he had installed extra security cameras and an armored door, but his family was still feeling the psychological impact.
“Sleep is a problem. I wake up thinking someone is in my house,” Mr Lovell said.
Judge Copley heard the youth had been in custody since the morning of the break-in at Lovell’s home.
Defense barrister Laura Rees said her client should not face a new probation order after showing improvement while in custody.
“Almost two years in custody is punishment enough,” she said.
Ms Rees said psychological reports showed the young man had taken steps towards rehabilitation, was remorseful and had positive plans for the future.
Judge Copley said the youth had committed crimes primarily to get money to fund his substance abuse and had been influenced by others, but that could not excuse his offending.
“I don’t know if your claims of remorse are true or not. Not breaking the law would now be the best evidence,” he said.
Judge Copley said the only appropriate sentence was a detention order.
“You have repeatedly offended without regard to the property rights of others,” he said.
Judge Copley said video taken by a security camera above Lovell’s front door showed the young man’s attitude towards court orders.
“You knew it was wrong to enter someone’s home. You knew you weren’t supposed to commit crimes while you had a court order,” he said.
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