AG admits ‘no power’ for harsher sentence for Lovell home invasion teen

Attorney-General Deb Frecklington has conceded a youth offender involved in the violent home invasion that ended in the death of Emma Lovell cannot be made to serve more time in jail.

Emma Lovell, pictured with husband Lee Lovell. Source: Facebook.

A youth offender involved in the violent home invasion that ended in the death of Emma Lovell cannot be made to serve more time in jail.

Attorney-General Deb Frecklington has conceded, after weeks of speculation, that she has no powers to spark a potential harsher sentence for the youth.

“Unfortunately, I have had to inform Emma’s family that the legal advice provided to me shows there are no prospects of successfully appealing this sentence,” she said.

“I have been determined to leave no stone unturned, but in this matter my appeal powers are restricted to the sentence only.”

Emma Lovell died after a violent home invasion. Picture: Facebook

Mrs Lovell, 41, was fatally stabbed in her front yard at North Lakes, north of Brisbane on Boxing Day 2022. Her killer, now 19, pleaded guilty to murder earlier this year and was jailed for 14 years.

A second youth – who cannot be identified, but was 17 at the time and is now 19 – was sentenced in early December to 18 months’ jail for burglary and assault at the Lovell’s home.

He released immediately after having already served 710 days (nearly 2 years) in pre-sentence custody, despite being convicted of 21 charges – taking his rap sheet total to 104 offences.

The youth was charged as an accomplice and did not wield the knife and was not directly involved in the struggle on the lawn that ended in Ms Lovell’s death.

Lee Lovell and his daughters. Pic: Lyndon Mechielsen

The case went to a three-day judge-only trial and the youth was found not guilty of murder and the alternative of manslaughter, and not guilty of a malicious act with intent and wounding. He was found guilty of burglary and assault.

Mrs Frecklington said like so many Queenslanders, she was “frustrated and bitterly disappointed in the sentence handed down”.

“To make it clear, I do not believe it meets community expectations,” she said.

“Under the Crisafulli Government’s delivery of Adult Crime, Adult Time, the maximum penalty for this offending is now life detention, with a minimum non-parole period of 15 years.

“Unfortunately, this sentence was handed down under Labor’s weak laws.”

Queensland Attorney-General and Minister for Justice and Integrity Deb Frecklington. Picture: David Clark

Mrs Frecklington said her thoughts “remained with the Lovell family, but I cannot build hope where there is none.”

Mr Lovell said it was disheartening that the youth’s sentence could not be appealed, but understood the Attorney-General was genuine in wanting to find a way forward and was ultimately stifled by the rules as they stand.

“I’ve said this before, I just don’t feel like justice has been done here,” he said.

“The system seems so desensitised to these murders that are happening that they don’t want to do something about it.”