‘The courts need to do their job’: Qld govt to change youth crime laws after Emma Lovell’s death

Queensland Premier Annastacia Palaszczuk has announced a range of new penalties for young people who commit serious crimes in the wake of the North Lakes alleged home invasion that resulted in the death of mother Emma Lovell.

Palaszczuk has also taken aim at the court system, saying they “need to do their job”.

The Premier told reporters on Thursday that the Queensland government would be implementing a range of changes to the way police and courts operate with regard to youth crime.

Queensland Premier Annastacia Palaszczuk announcing youth justice reforms on Thursday.Credit: twitter

Changes included increasing the maximum penalty for stealing a car from seven to 10 years. A more severe maximum penalty of 14 years would be available for magistrates if the offence was committed at night, or if the offender used violence.

The announcement came three days after 41-year-old Lovell was allegedly stabbed after two 17-year-olds broke into her home about 11.30pm on Boxing Day. Paramedics were unable to save her.

Her husband Lee, 43, was also allegedly stabbed and has spoken out about the “terrifying” invasion and how he thought his wife would survive. The pair had fought to defend their home, with their two teenage daughters inside.

A community petition has since amassed more than 40,000 signatures for ‘Emma’s Law’, calling for violent home invaders, who have repeatedly offended or used weapons, not to be allowed out on bail.

But the state government on Thursday pushed back on suggestions from reporters that the announcement was a kneejerk reaction following Lovell’s death, after a press conference on Wednesday, where Police Minister Mark Ryan was noncommittal on reform.

Palaszczuk said the Youth Justice Act would be amended, requiring courts to take into account previous bail history, while penalties would be increased for offenders who boasted about their crimes on social media.

She said there would also be more police patrols and $9.89 million to fast-track sentencing programs in places across Queensland, including Brisbane, Townsville, Southport and Cairns, to ensure offenders were not held on remand and instead served their sentences.

Queensland government’s proposed changes

1. Increasing the maximum penalty for stealing a car from 7 years to 10 years’ imprisonment
2. A more severe penalty of 14 years if the offence is committed at night, where the offender uses violence or threatens violence, is armed or pretends to be armed, is in company or damages or threatens to damage any property
3. Amend the Youth Justice Act requiring courts to take into account previous bail history, criminal activity and track record when sentencing
4. Increased penalties for criminals who have boasted about these crimes on social media
5. Extreme High Visibility Police Patrols
6. A $9.89 million fast-track sentencing program in Brisbane, Townsville, Southport and Cairns so children spend less time on remand and more time serving their sentences
7. The construction of two new youth detention centres
8. A trial of engine immobilisers in Mt Isa, Cairns and Townsville
9. The appointment within QPS of Assistant Commissioner to the position of Youth Crime Taskforce Commander
10. The increased penalties apply to adult as well as juvenile offenders.

Source: Queensland Government 

“We know that this has been a tragedy, a murder that has shocked Queensland and has shocked everyone,” Palaszczuk said, offering her condolences to the Lovell family.

“Today we are announcing a range of tougher penalties to address these issues involving youth crime in Queensland.

“As we know, between 5 and 10 per cent of these most serious crimes are committed by 16- and 17-year-olds and the time for action is now.

“These are tough measures, they will be put in place, and community safety as I said, is paramount here.”

Palaszczuk and Youth Justice Minister Leanne Linard both vowed to stand by the changes, despite an acknowledgement that there would be some who disagreed, or believed the laws would be too tough on children.

The Premier also reiterated the responsibility fell on magistrates and judges to uphold community safety.

“Can I say this and be upfront and frank? The courts need to do their job,” Palaszczuk said.

“The facts aren’t before me. The facts are before the courts, so it’s up to them to make the decisions.”

Policing capacity would also be ramped up under the changes. Police Commissioner Katarina Carroll announced Assistant Commissioner George Marchesini, previously in charge of the southern region, would become the Youth Crime Task Force Commander.

“We know that 90 per cent of the children who come into the system are diverted, are dealt with very effectively, are cautioned. Those strategies have been extraordinarily successful over many years,” Carroll said.

“However we also know that small percentage of 5 to 10 per cent are committing up to 50 per cent of youth crime and some of that crime as we know is serious, high-end offending.

“It’s this group we need to deal with the most into the future.”

A review conducted by former police commissioner Bob Atkinson, released by the state government last month, found more young people had been refused bail or were held in custody since the 2021 Youth Justice Act changes, despite concerns about innocent youths pleading guilty.

Atkinson’s review also found detention without rehabilitation did not work, with a criminal’s reoffending rates generally higher than if they were given a community sentence.

It also found their detention was more costly than a community-based sentence, with the average young person costing about $1670 for detention-based supervision, in comparison with about $270 for community-based youth justice supervision.

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