Emma Lovell’s teen killer says actions weren’t ‘particularly heinous’
David Crisafulli says the reason for a sentence appeal by Emma Lovell’s teen killer is a ‘million miles’ from community expectations.
QLD News
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The teenager who stabbed Brisbane mother-of-two Emma Lovell to death during a horrific home invasion has attempted to appeal his 14-year sentence, claiming his actions weren’t “particularly heinous”.
Emma’s husband says the case may now drag on for months, forcing him to continue to replay the traumatic events while attempting “get on with life”.
And Premier David Crisafulli says the teen’s justification to appeal is a “million miles” from meeting his expectations.
The 41-year-old mum was stabbed in the heart by a 17-year-old at her North Lakes home on Boxing Day 2022.
The teen pleaded guilty last year to her murder, as well as stabbing Mr Lovell in the back.
He was sentenced to 14 years’ jail, with a non-parole period of nine years and 292 days – with his time in custody taken into account.
On appeal, defence barrister Andrew Hoare submitted the sentence was manifestly excessive because there was an error in finding the offence “particularly heinous”.
“The legal error flows from the elevation of those facts from being heinous to particularly heinous,” he said.
Mr Hoare noted the teen had been sentenced on the basis that the teen hadn’t had intention to commit murder.
He said the murder had occurred in the context of substance abuse and of the teen grieving the death of a family member.
Crown prosecutor David Nardone said the teen’s actions had rightfully been labelled as particularly heinous.
“The circumstances in this case when looked at as a whole are indeed as described – hateful, odious … wicked, infamous or atrocious,” Mr Nardone said.
“ … The community would be right to consider it atrocious or odious or infamous.”
Mr Nardone acknowledged the teen had an “unfortunate background” but said he also had a “very long criminal history” which included multiple offences of burglary.
He submitted there was little difference between an offender who had formed an immediate intent to kill and one that entered a home with a knife, aware that somebody may be killed as a result.
In relation to the appeal, Mr Crisafulli said: “There isn’t a Queenslander who would not feel pretty horrified by that explanation”.
When asked if the case suggested his Adult Crime, Adult Time laws were “meaningless” if it was up to a judge to interpret it, Mr Crisafulli argued it removed the grey areas.
“Have a look at the justification for the appeal and … you’ll find exactly the reason why it’s fit and proper that we have embarked on Adult Crime, Adult Time and there will be more and anytime we see an opportunity to strengthen laws we will. Anytime we see an opportunity to do better early intervention, we will,” he said.
Appeal justices Bond, Boddice, and Freeburn will deliver a decision on a later date.
Outside court, Lee Lovell said it was “quite tough to hear” the defence’s argument that his wife’s murder hadn’t been particularly heinous.
“ … It seems like it’s going to be putting even less value on people’s life really if that’s what they’re going to be doing,” Mr Lovell said.
He said the impact of the boy’s offending had been “pretty horrific” for the family.
“Just sometimes replaying over what happened – and even today in court when they were talking about it, you can’t help imagining again that evening and being confronted and thinking if you’ve done the right thing.”
“I hope the judges do the right thing and at least uphold the sentence.”
Mr Lovell said he chose to keep coming to court again and again to show his support for Emma.
“She’s still my wife … You want to support her and get the best outcome that I possibly can for her.”
“At times I don’t feel that I’ve done enough.”
Mr Lovell said he was now “just trying to be positive and get on with life”.
“ … You just want it to be over and done really so you can move on I suppose.”
He said it may now be a few months before they get a verdict on the appeal.
“The thing that gets me is at the end of the day it’s like a life has been taken,” Mr Lovell said.
“The judges and everyone in court, they throw round big words and they talk about people’s lives but they don’t understand the impact of that life that’s been gone and is not here anymore.”
Originally published as Emma Lovell’s teen killer says actions weren’t ‘particularly heinous’