North Lakes home invasion: Youth justice system ‘needs overhaul’
One of the two boys charged with murdering North Lakes mum Emma Lovell was out on bail when the tragedy occurred. It comes amid demands for a justice system overhaul to deal with ‘out of control’ youth crime.
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One of the two boys charged with murdering Brisbane mother Emma Lovell was on bail for a break-in and receiving stolen property when the Boxing Day tragedy unfolded.
The tragic death of Mrs Lovell during a shocking home invasion has prompted calls for the Palaszczuk government to fundamentally rethink Queensland’s approach to its fractured youth justice system.
Screams for help could be heard moments after Mrs Lovell, 41, was stabbed while fighting off two intruders who broke into the family home at North Lakes on Monday night about 11.30pm.
Mrs Lovell’s husband, Lee, 43, was also stabbed in the back during the home invasion on Whitfield Crescent, before the teens fled the property.
The two boys, both from Brisbane and aged 17, were charged with murder and attempted murder over the attack.
They have been remanded in custody until the new year following their matters being heard in Brisbane Childrens Court for the first time this morning.
The two boys did not appear and there were no applications for bail.
Acting Magistrate Peter Cooke adjourned the matters to January 16.
He excused the youths’ appearance at the next mention.
Two other teenage boys who were assisting police have been released from custody in relation to the homicide investigation.
A 17-year-old and a 16-year-old have each been charged with one count of stealing in relation to a separate incident which occurred shortly after midday on Monday (December 26).
It will be alleged the boys stole a quantity of food from a business along College Street in North Lakes. They were both released on bail and are expected to appear at Caboolture Children’s Court at a later date.
Speaking to the media on Wednesday afternoon, Assistant Commissioner Cheryl Scanlon declined to answer questions relating to how many of the boys were on bail at the time of Mrs Lovell’s murder.
Ms Scanlon also said investigators were trying to establish why the teens were on the Lovells’ North Lakes street.
“Some of the things we have to examine is: ‘Why were they in that street? Why did they go to that house?’,” Ms Scanlon said.
“And we know there is no connection between these young people and these occupants, but that’s part of all the lines of inquiry.
“And what led up to them being there over the days and weeks prior to this event.”
Ms Scanlon said there was nothing at this stage that suggested the home invasion was gang-related, however investigators would examine any links.
Police Minister Mark Ryan said the government had introduced youth justice laws that were the “amongst the strongest in the nation” but would not commit to reviewing or changing the laws as a result of Mrs Lovell’s death.
He said he didn’t believe a youth justice summit was necessary but said if “people have a valuable contribution to make they should make it”.
Opposition leader David Crisafulli said nothing short of strengthening the Youth Justice Act would cut it in the wake of the tragedy, with the LNP accusing the government of “losing control” of young offenders and pushing for breach of bail to be made an offence.
Mr Crisafulli said there must be a commitment “that the rights of a family come ahead of the rights of a young offender”, saying it should be made today.
“What happened to Mrs Lovell on Boxing Day … has shocked the state and it shocked the state because it could have happened to anyone,” he said.
“A young mum in the sanctity of her own home, protecting herself and her family, and that is unacceptable. And it must be the catalyst for change.
“Over the last seven years there is a generation of repeat young offenders who know their way around the law.
“They know that as a result of a watering down of the Youth Justice Act that the law is designed to put their rights in many ways ahead of the rights of the victim. There isn’t consequences for action.
“And today there has to be a commitment that that comes back. So that the rights of the victim, the rights of the family can come first and foremost. That is what every Queenslander is demanding today.
“They want breach of bail to be an offence and they want a commitment for that to happen today.”
Attorney-General spokesperson Tim Nicholls also accused the government of losing control of youth offenders.
“If today and this week wasn’t the time to talk about the failures in the youth justice system, when is it ever going to be right? When it suits the government?” he asked.
“Sorry, that’s not what the community wants. The community wants answers to these questions right now.”
Bond University criminologist Terry Goldsworthy said the spate of youth crime throughout the state meant the government and police needed to go “back to the drawing board” the address the issue with greater transparency.
“The minister and commissioner of the police need to go back to the drawing board to see how they’re going to address these issues.
“There’s a lack of good governance around this … there needs to be a much deeper look at youth justice, with transparency.”
When asked on Tuesday, Youth Justice Minister Leanne Linard refused to be drawn on the history of the teenagers involved in the brutal home invasion killing of Mrs Lovell at her North Lakes residence.
Ms Linard was questioned about the bail status of the two teens who have since been charged with murder, but declined to answer, the minister also wouldn’t engage in questions about government policy, saying it was “not a day for politics”.
The Premier’s office also did not respond when questioned on whether or not the government would be ordering a review into the death of Mrs Lovell and the severe injuries inflicted on her husband Lee.
When the matter was heard in court today, The Courier-Mail along with several media outlets made an application to be present in court.
Childrens Court is closed to the public but an exemption can be made for media if a magistrate is satisfied it won’t prejudice the interests of a young defendant. Their identities remain suppressed at all times.
The Aboriginal and Torres Strait Islander Legal Service and Legal Aid, which represent the defendants, opposed the media’s application.
But Acting Magistrate Peter Cooke approved the application.
“There’s overwhelming public interest in the matters,” he said.
“I don’t see that anything that is going to be put before court today would be detrimental to the young people involved.
“There is no prejudice to them in having members of the media present for today.”
Professor Goldsworthy said the letter of the law was strong in terms of youth bail, but the information available to the public did not show whether it was being applied effectively.
“Is that presumption of bail effective? It’s hard to say because we don’t have the data about how it’s being used.
“What the (report on 2021 Youth Justice reforms) showed earlier this year is that the reforms have had very little impact, but why is that?
“Take trackers; they were brought in to the sum of about $12 million, but only used on four kids. It doesn’t make sense,” he said.
Professor Goldsworthy also warned focusing only on law and order responses was “over simplistic”.
“If you’ve got kids that don’t have a stable home, they’re victims of domestic violence, or drug addiction, tougher laws won’t fix that.
“We need funding into therapeutic responses; provide them with a counsellor, make sure they’ve got food to eat.”
Asked if the justice system was broken, Ms Linard said Mrs Lovell’s death was a tragedy.
“The community has a right to expect to be safe and as a government we know that that is one of the most important jobs that we have,” she said.
“It’s why we invest so heavily in our front line and police officers.
“What we know is that young people need to be held to account and we made significant changes including introducing a presumption against bail last year.
“That has seen more young people held in detention and held for longer, because we know the community has a right to feel safe and they expect government will act and we are acting.”
When asked if any of the youths allegedly involved in the home invasion and murder were on bail, Ms Linard said she couldn’t answer.
“As you are aware I can’t comment on those sorts of particulars, as the officer before me said,” she said.
“The youth justice act is very very clear that a young person should not be released if there is a risk to the community – if they commit a serious offence the repercussions could be incredibly serious, of course this is a matter for the courts now.”
Asked about the Opposition’s position on breach of bail, Ms Linard said “it’s not a day for politics”.
“I don’t think there is any place for politics – it’s an absolute tragedy,” she said.
“In regard to the opposition, the opposition have had one position for the entirety of the last seven years and that is breach of bail, we know when breach of bail was a law there was not one young person who served an extra day because of that – it doesn’t work, the courts didn’t apply it, because it doesn’t work.”
A former police detective and neighbour Travis Zealy said he was feeling angry the incident happened in his neighbourhood.
“To be honest I’m feeling obviously shocked like everyone in the community,” Mr Zealy said
“It hit close to home.“
“I’ve had the discussion with my wife that this has made her want to move and we don’t want to move,” he said
Mr Zealy said he would see Mrs Lovell passing in the street.
“They were always a family that would stop for a chat and we’ve shared conversations and they were a quiet family,” he said.
“We are heartbroken for Lee and the girls.
“We can’t do anything about what’s happened now but perhaps the state government can start to put some thing in place with legislation stages.
“They made the step to remove that breach of bail, let’s put it back in.
“Let’s keep our community safe, let’s keep our family safe.”
North Lakes residents have launched a Change.org petition titled ‘Emma’s Law’, calling for repeat offenders not to be granted bail.
Over 2,800 people have signed the petition to Prime Minister Anthony Albanese and Queensland Premier Annastacia Palaszczuk within the first 24 hours.
“Emma Lovell lost her life in front of her daughters and husband on Boxing Day in North Lakes in Qld while defending her home against home invaders. A beautiful life gone way too soon,” the petition reads.