Queensland Attorney-General to review legal options after teen cleared of mum’s Boxing Day murder walks free from court
The Attorney-General has responded after a teen thug who was cleared of murdering a mum of two on Boxing Day walked free from court.
Queensland’s Attorney-General will review legal options after a teen thug who broke into the home of a mum of two – resulting in her murder by his accomplice – walked free from court.
Emma Lovell died from a fatal stab wound after the teenagers, then both aged 17, broke into her North Lakes home on Boxing Day 2022.
The family’s CCTV captured both boys entering through the unlocked door.
One of the teenagers was jailed for 14 years after pleading guilty to Ms Lovell’s murder.
But the second teenager who did not inflict the fatal wound is now free after being sentenced on Wednesday to charges of assault and burglary, in addition to multiple other offences.
The teenager received a head sentence of 18 months jail, with his time spent in pre-sentence detention declared as time served.
He walked free from court late on Wednesday night after being released from the holding cells of the Supreme Court.
Family and supporters of the child were in court as the teenager faced his sentencing, but left hours before his release.
In a statement, Queensland’s Attorney-General Deb Frecklington said she was “considering all aspects” of the sentencing and “obtaining further advice” about what legal options were available.
“I know this sentence will not meet community expectations; it does not meet mine,” Ms Frecklington said.
“The heartbreaking loss of innocent mum Emma Lovell laid bare the horrifying realities of Queensland’s youth crime crisis.
“My thoughts are with the Lovell family.”
CCTV from the Lovell’s home, released after the sentencing hearing, has revealed the moment both of the teens entered.
In the footage, released by the Supreme Court of Queensland, the primary accomplice is seen testing the unlocked door before signalling to his co-accused, who is off-screen, with his thumb up.
He then disappears out of frame.
A moment later, the teenagers return and the primary offender who tried the door is seen producing a large knife behind his co-accused.
The pair then enter the home.
The resulting confrontation between Ms Lovell and her husband Lee was not made public.
The mum-of-two sustained the fatal blow while fighting off the attackers – while Mr Lovell was also stabbed and kicked by the same teen who inflicted the killing blow.
Both teens then fled.
The teenager who inflicted the fatal blow to Ms Lovell was jailed for 14 years after pleading guilty to murder.
But his accomplice was found not guilty of murder, the alternative count of manslaughter and a charge of malicious act with intent following a judge-only Supreme Court trial in October.
Teen on watch house bail hours before break-in
During the second teen’s sentencing on Wednesday, the court was told the child – now 19 – was also due to be sentenced on multiple other offences committed over a three-month period before the incident at the Lovell home.
They included burglaries and instances of theft where he would be in company with others, stealing cars and liquor.
Crown prosecutor David Nardone said many of the offences were committed in defiance of court orders.
The burglary and assault at the Lovell home was committed on the evening the teenager was released on bail from the watch house on some of the offences, Mr Nardone said.
Mr Lovell described the events of Boxing Day 2022 as like a “sliding door” moment – describing how his life was marked by “the worst tragedy imaginable”.
He told the court he still woke at night fearing there was someone in his house.
“Being a single father, having to continue working and raising two girls on my own has been an enormous burden to carry,” Mr Lovell read from his victim impact statement.
“Significant milestones in our daughters’ lives … won’t be what it used to be.”
He described having his future “robbed” by the teen offenders.
Defence barrister Laura Reece tendered multiple references attesting to the teenager’s change while in pre-sentence detention.
The teenager had also expressed remorse and concern about the consequences of the break-in, Ms Reece said.
“This is not an incident which has had no or a negligible impact on this young person,” she explained.
A pre-sentence report noted the teenager’s father had been in and out of jail since he was young and he was exposed to domestic violence growing up.
The teenager attended multiple schools but stopped attending at age 12, falling into substance use.
“None of this excuses your offending, but it puts it into a broader context,” Supreme Court Justice Michael Copley said.
Justice Copley imposed a head sentence of 18 months detention, recording convictions for the offences involving the incident at the Lovell’s home and another earlier break-in.
His 710 days spent in pre-sentence custody was declared as time served.
Outside court, Mr Lovell expressed his disappointment the teenager did not receive the same sentence as the primary offender.
This year’s Boxing Day will mark the two-year anniversary of the tragedy.
“I might just go and sit on a beach somewhere and try and reflect a bit,” he said when he asked what his next plans were.
Mr Lovell said he did not believe the teen had any “genuine remorse” for the offending.
Why second teenager found not guilty of murder
The Crown did not allege the second teen caused the fatal injury to Ms Lovell but instead that he was a party to the offence and had formed a “common intention” with his co-accused to prosecute an unlawful purpose – namely, to “steal property from within the dwelling … while armed with a knife”.
Prosecutors alleged murder was a probable consequence of this.
Justice Copley instead found him guilty on the lesser charges of burglary in company and assault occasioning bodily harm in company.
In his judgment, Justice Copley said the words “I’ll kill you” could be heard in audio from the CCTV of the incident, along with the word “stop” being yelled repeatedly.
During the trial, the legal team for the child who did not inflict the fatal blow submitted their client was the one yelling “stop”.
The teenager pleaded not guilty to charges of murder, burglary in company, assault occasioning actual bodily harm and malicious act with intent at the start of the trial.
The Crown relied on CCTV that captured both teenagers moments before entering the Lovells’ home – alleging there was a pivotal moment the boy turned his head towards his co-accused, who was armed with a large knife he would later use to stab Ms Lovell.
Justice Copley said the infra-red camera at the Lovells’ home captured the primary offender – who was armed with the knife – slightly opening the door and then closing it before signalling to the other teenager with his thumb up.
The primary offender then disappeared from the main view,returning behind the teenager and removing the knife from his bag
“While the accused was still in the range of the camera, but within the house, I saw him turn to his left,” Justice Copley said.
“His right hand removed a mobile phone from his right side and that hand moved in an upwards movement closer to where his face seemed to be.
“When this occurred … (the primary offender) still had the knife up in the air in his hand.”
Justice Copley said he could not see the teenager look at the knife his co-accused was holding.
He said there was a “reasonable possibility” the teenager did not know his co-accused was armed with the knife.
“From what I could determine, from what I perceived was the accused’s left ear, the accused’s face remained facing down towards his phone before he turned back to the way he had been facing to go further into the house,” Justice Copley said.
He continued by saying there was nothing to suggest the teenager activated a torch on his phone and any light would be sufficient enough to allow the child to see the weapon from his point of view.
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