‘Not good enough’: Widower can’t appeal teen murderer’s sentence

The grieving husband of Emma Lovell, the woman stabbed to death during a violent Boxing Day home invasion north of Brisbane, has been told an appeal against her teenage killer’s sentence is not an option.

The grieving husband of a woman stabbed to death during a home invasion says the current legislation isn’t tough enough, after he was told an appeal against his wife’s killer’s sentence would not have any prospects of success.

Emma Lovell was 41 when she was fatally stabbed during a break-in at their North Lakes home on Boxing Day 2022.

The teenager who killed her, now 19, was just four months shy of turning 18 when he stabbed her with an 11.5cm knife – he was sentenced the teen to 14 years imprisonment with a non-parole period of nine years and 292 days taking into account time already spent in custody.

Mr Lovell asked officers of the Director of Public Prosecutions to appeal the sentence, saying he believed it was not harsh enough.

But he was informed by prosecutors an appeal could only be made if there was an appealable error, which was not identified.

“I was just heartbroken, so angry. I just feel that like, they’ve basically got my life in their hands, and I want them to do something about it,” he said.

Lee and Emma Lovell with their daughters

“Because I don’t feel that 14 years is good enough.

“It’s not 14 years, though 70 per cent of that is only nine. Because he’s been on remand for all that time that’s taken as time served as well. I just don’t feel it’s punishment enough for the crime committed.”

Mr Lovell on Sunday welcomed LNP leader David Crisafulli’s pledge to crack down on juvenile offenders, saying he believes the current legislation does not go far enough.

“I just think something needs to change going forward,” he said.

“I don’t think that we should have a hard and fast 10 year max sentence, really, I think they should scrap that, maybe we should have a sliding scale depending on what crime is committed.

Lee Lovell. Photo: Steve Pohlner

Emma Lovell, pictured with husband Lee.

“If they do get a particularly heinous crime, then maybe life sentence (like an adult) is more on the cards, rather than what it is.”

Mr Lovell said he was frustrated by the current system in which victims have to rely on the Crown to appeal on their behalf.

“He’s (the defendant) allowed to appeal this, like how is he allowed to and I’m not?” he said.

“Surely it’s the case of either you’re both allowed to or you’re both not.

“You can’t make up one rule for one person, just because you think the sentence length you’ve got is good enough

Emma was killed on Boxing Day 2022.

“It should have been by 18th wedding anniversary (on the weekend) there’s all these times we miss out on,” he said.

Lee Lovell at Brisbane Supreme Court after the teen’s sentencing

”It’s OK for everyone else, They get to live their lives. But I don’t.”

Mr Lovell said he and his daughters spent what should have been the couple’s anniversary together reminiscing.

“We went out to Noosa and had a walk around, and I just sort of wanted to have a nice day with the kids,” he said.

“And it was a nice day. In the back of my mind, I was trying to think about Emma and I was talking to the girls about our wedding day, and just trying to keep her alive in our conversations.”

A spokesman for the Office of the Director of Public Prosecutions said an appeal could only be brought by if there was an identifiable appealable error.

“A review of the matter did not identify such an error and it was determined that any appeal by the Crown did not enjoy any prospects of success,” he said.

Attorney-General and Minister for Justice Yvette D’Ath said no one should ever go through what Mr Lovell and his children had.

“It’s unlikely any sentence will ever be sufficient to ease the grief they have been forced, through no fault of their own, to endure,” she said.

“The Office of the Director of Public Prosecutions did not identify any grounds for an appeal in this matter.”

Originally published as ‘Not good enough’: Widower can’t appeal teen murderer’s sentence