Elizabeth Struhs verdict: 14 found guilty of manslaughter as judgment handed down

The sister of Elizabeth Struhs says the court delivered the right decision after the eight-year-old’s parents and fellow members of a hard line religious group were found guilty of her manslaughter.

The parents of Elizabeth Struhs and fellow members of a hard line religious group have been found guilty of the eight-year-old Toowoomba girl’s manslaughter.

Her father Jason and the leader of the group called the Saints, Brendan Luke Stevens, were found not guilty of murder, but guilty of manslaughter.

Kerrie Elizabeth Struhs, 49, the child’s mother, and Elizabeth’s brother Zachary Alan Struhs, 22, were charged with manslaughter.

“The complete abdication on Mrs Struhs’ part of the legal duty she owed to her daughter constituted such an egregious departure from the standard of care a reasonable member of the community would observe in the same circumstances as to amount to a crime against the State that is deserving of punishment,” Justice Burns found.

“Again, like her husband, when her conduct is viewed objectively, it must be seen as having involved grave moral guilt and disregard for human life. It constitutes, at the very minimum, criminal negligence. For the reasons previously expressed, Mrs Struhs’ failure was unlawful, no defence having been raised on the evidence.”

Elizabeth Struhs died at her family’s Toowoomba home in January 2022.

An emotional Jayde Struhs, who left the family home at 16 due to the Saints’ disapproval of her sexuality, said not a moment went by that she didn’t think of her little sister.

“It’s been a long and hard three years. Not a moment has gone by that I haven’t thought about my little sister, Elizabeth,” she said outside court.

“I think the court made the right decision and I’m relieved that those responsible were found guilty for their actions.

“Although we had a good outcome today, I have to acknowledge the system failed to protect Elizabeth in the first place. We are only here today because more wasn’t done sooner to protect her, or remove her from an incredibly unsafe situation.”

Other Saints’ members including Brendan’s wife Loretta Mary Stevens, 67, and their children – Therese Maria Stevens 37, Sebastian James Stevens, 24, Camellia Claire Stevens, 29, Andrea Louise Stevens, 35, Alexander Francis Stevens, 26, and Acacia Naree Stevens, 32, – were found guilty of manslaughter, as were married couple Samantha Emily Schoenfisch, 26, and Lachlan Stuart Schoenfisch, 34, and Keita Courtney Martin, 24, who lived with the Stevens family.

The defendants appeared calm as they looked over the judgment that was handed to them in hard copy.

When asked whether they had anything to say as to why sentence should not be passed on them, Brendan Stevens said “not that I can think of”.

The other defendants also all answered in the negative.

Justice Martin Burns said he urged the defendants to get legal representation not only for sentence but also their appeal rights.

“It’s by no means too late to get lawyers to represent them,” he said.

He said he would list sentence for February 11, but that that was only a nominal date that could change if they got legal representation or asked for more time.

The defendants have represented themselves throughout the proceedings.

Court has been adjourned with the defendants remanded in custody.

The adult sister of Elizabeth Struhs says she is relieved the perpetrators of sibling’s death were found guilty but expressed disappointment that the system failed to protect the eight year old.

Justice Burns said Elizabeth “was a vibrant, happy child with, of course, her whole life ahead of her” who was no doubt loved by the parents and adored by other members of the Saints who today he found killed her.

“She left a lasting impression on many with whom she came into contact on the outside, whether through her schooling or during the treatment and control of a medical condition she was first diagnosed with in 2019 – Type 1 diabetes,” he said.

“However, due to a singular belief in the healing power of God - which to the minds of her parents and the other members of the Church left no room for recourse to any form of medical care or treatment - she was deprived of the one thing that would most definitely have kept her alive – insulin.

“Her death was inevitable once the administration of that drug was abandoned and when, encouraged and supported by the other accused, her parents refused to seek any medical assistance in the days and nights which followed until her death.”

Elizabeth’s parents Jason and Kerrie Struhs were found guilty of manslaughter. Jason had been charged with murder. Picture supplied

Justice Burns declared Zachary, Loretta, Therese ,Andrea, Acacia, Camellia, Alexander, Sebastian, Keita, Lachlan and Samantha guilty of manslaughter because he found each of them counselled and aided Elizabeth’s killing by encouraging Jason to cease providing insulin, as well as medical care and treatment, to the child and by supporting his choice to continue to do so.

Child Safety Minister Amanda Camm said she would consider the outcomes of the death of Elizabeth and any shortfalls in the “system we inherited”. She said she would welcome a coroner’s inquiry.

“The death of Elizabeth Struhs is a tragedy and my thoughts and deepest sympathies continue to be with those impacted by her death,” Ms Camm said.

“We will now consider the outcomes of this case as we continue to look at the shortfalls across this system that we inherited.

“It is a huge challenge we now face but is the challenge we must take on because our priority is keeping more children safe, delivering more wraparound services for families, and doing everything we can to intervene as early as we can so we don’t continue to make the mistakes of the past.

Queensland Minister for Child Safety Amanda Camm during a press conference in Brisbane. Picture: Supplied

“I welcome a Coroner’s Inquiry into this case, as well as any findings or further recommendations to improve child safety practices in this state.”

The Crown’s case was that Elizabeth, who had diabetes type 1, died in her family’s Toowoomba home in January 2022 after her parents, Jason and Kerrie Struhs, took her off lifesaving insulin in an attempt to “prove their faith” in God’s healing powers.

The Crown said Jason was “manipulated” by his wife and the other congregation members to adhere to the Saints beliefs including the “fundamental tenet” that God heals and that man-made medicine is to be disparaged.

All defendants had a plea of not guilty entered on their behalf during the judge-alone trial that sat for nine consecutive sitting weeks starting in July 2024.

“Although there is no suggestion at all that (Brendan) Stevens (or any other accused) intended for Elizabeth to die and, further, although it may be accepted … that he did not foresee her death because of the strength of his religious beliefs, the question for me is whether an ordinary person in Mr Stevens’ position would reasonably have foreseen Elizabeth’s death as a possible consequence of the persuasion, encouragement and support he gave Jason Struhs to deprive her of insulin as well as medical care and treatment,” Justice Burns said.

A courtroom sketch of the 14 cult members. Picture: NewsWire

“In that respect, on no view could Mr Stevens’ lack of foresight be regarded as objectively reasonable.

“In the result, the persuasion, encouragement and support Mr Stevens gave Jason Struhs to deprive Elizabeth of insulin as well as medical care and treatment was unlawful.”

Justice Burns explained why he found Jason Struhs not guilty of murder.

“Nothing less than a full realisation on his part that Elizabeth would probably die as a consequence of his failure to act would be sufficient to establish murder in this way, that is, murder by reckless indifference to her life,” he said.

Justice Burns said whether this element of the offence was proven by the Crown depended on an assessment of the “subjective” state of mind of Mr Struhs.

“After a consideration of the whole of the evidence admissible against Mr Struhs, there remained a reasonable possibility that, in the cloistered atmosphere of the Church which enveloped Mr Struhs, and which only intensified once he made the decision to cease the administration of insulin, he was so consumed by the particular belief in the healing power of God promoted by its members that he never came to the full realisation Elizabeth would probably die, believing instead that God would not allow that to happen.”

Elizabeth Rose Struhs

“I was therefore not satisfied beyond reasonable doubt of proof of this essential element and, because all elements of the alleged offence must be proved before a guilty verdict may be returned, Mr Struhs must be acquitted of murder.”

Justice Burns said “similar considerations” applied in the case against Brendan Stevens for murder.

“ Again, in his case, I could not be satisfied after a consideration of the whole of the evidence admissible against him that Mr Stevens was possessed of the requisite state of mind at any point between the time when the decision was made by Jason Struhs to cease the administration of insulin to Elizabeth and the time when she died,” he said.

The trial heard that Elizabeth’s “lifesaving insulin” was totally withdrawn from her by her parents on January 3, 2022.

Over the following days, surrounded at times by different members of the Saints, the child became progressively sicker until she passed away on January 6 or 7, the court heard.

The Saints then prayed for her to rise with father Jason not calling an ambulance until the afternoon of January 8.

Elizabeth was previously hospitalised gravely ill about 2.5 years before her death after her parents failed to seek timely medical help.

Brendan Luke Stevens on A Current Affair. He has been charged with the death of Elizabeth Struhs.

It was then that she was diagnosed with diabetes and started receiving insulin. Kerrie was later jailed over the incident and was paroled weeks before Elizabeth died.

For 17 years Jason was staunchly opposed to his wife’s religious beliefs and those of the Saints until he suddenly converted just months before Elizabeth’s death.

Prior to that conversion he was fastidious about Elizabeth taking her insulin and monitoring her blood sugar levels.

“Mr Jason Struhs’ resistance is why each of the other defendants united in a mission to persuade him to adhere to all aspects of their faith, including the fundamental tenet that god heals and by the sustained pressure that they’ve placed upon him to conform they succeeded in managing to convince him not to administer or require Elizabeth Struhs to take insulin and not to obtain medical care or treatment for her consistent with the extreme beliefs of their faith,” Crown prosecutor Caroline Marco said in her opening statement.

Originally published as Elizabeth Struhs verdict: 14 found guilty of manslaughter as judgment handed down