Emma Lovell's killer wins appeal
On Friday, the Queensland Court of Appeal reduced the non-parole period for the now 20-year-old, who was 17 at the time of the attack at North Lakes in 2022.
The young man had been ordered to serve 70 per cent of his 14-year detention sentence for murder, the longest period a juvenile can spend behind bars under Queensland law, after the sentencing judge labelled the crime 'particularly heinous'.
But Justices Bond and Boddice and Freeburn overturned that finding, stating the murder should never have been classified that way.
Justice Boddice said the description was 'unsupported by the evidence' and had led to a misapplication of sentencing principles.
The ruling means the murderer will now be eligible for supervised release after serving 60 per cent of his sentence, eight years and five months, cutting more than 20 months from the time he must spend in custody.
The court was told the boy and another teenager armed themselves with knives before breaking into the Ms Lovell's home late on Boxing Day night. Ms Lovell was fatally stabbed in the chest during a home invasion. Supplied Credit: Supplied
Ms Lovell and her husband, Lee, tried to push the teens out the front door, but the boy lashed out, stabbing Ms Lovell in the chest and puncturing her heart.
She collapsed on the lawn and died despite frantic efforts to save her. Mr Lovell was also seriously wounded.
The Court of Appeal said 'special circumstances' existed under the Youth Justice Act to justify cutting the non-parole period. These included an early guilty plea, which spared the Lovell family the trauma of a trial, signs of remorse and a willingness to rehabilitate,
and a disadvantaged upbringing marked by deprivation and instability. Positive steps in detention were also considered, including seeking mental health help and further education.
While acknowledging the young man's long criminal record – 84 offences in just two years – the judges said the benefit of his plea had been 'underestimated' and rehabilitation remained possible.
The reduced sentence means he will be eligible for supervised release in 2031.
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The Advertiser
20 hours ago
- The Advertiser
Family 'broken' by teen killer's sentence reduction
The family of a woman murdered during a home invasion have been left "broken" by the teen killer's sentence being reduced by almost 18 months on appeal. The boy, who cannot be named as he was aged 17 at the time of the offences, fatally stabbed Emma Lovell in the heart after he broke into her family's house north of Brisbane about 11.30pm on Boxing Day in 2022. Following a successful appeal on Friday, the teen will now serve a minimum of about eight years and four months in detention instead of about nine years and nine months before he is released under supervision. Victims of youth crime ambassador Lyndy Atkinson, who had worked with the Lovells since before the original sentencing, said the family now felt additional trauma. "They are a broken family ... (the teen defendant) will be able to get out and live his best life," she said. "Lee Lovell has lost a wife, his two girls have lost a mother. To me, it is still on the side of the offender and victims are continually being left behind." Queensland Attorney-General Deb Frecklington said the appeal was an unacceptable outcome and claimed it was caused by the previous Labor government's "weak laws". "I am now looking at my options to make an appeal to the High Court," she said. Queensland opposition leader Steven Miles said he did not want to "score cheap political points" but was shocked by the decision and thinking of the family. Mrs Lovell's husband Lee, who was wounded during the home invasion, was unable to attend court on Friday when the appeal decision was handed down. The home invasion led to "adult crime, adult time"' changes in Queensland law that allow for youth offenders to face a mandatory life sentence for murder with a minimum 20 years before parole. "The murder of Emma Lovell rocked the state and Queenslanders made it very clear enough is enough and change needed to occur," Ms Frecklington said. "The community and Emma's family will be devastated by this outcome and our thoughts are with them on another very difficult day they should never have had to endure." Justice Tom Sullivan in May 2024 sentenced the teen, then aged 19, to a maximum of 14 years with a requirement to serve 70 per cent of that time in detention, after he found the crime to be "particularly heinous". The Court of Appeal on Friday allowed the teen's appeal against the length of his sentence, with two of the three judges agreeing it was "manifestly excessive". In his dissenting opinion, Justice John Bond stated he was "respectfully" not able to find the sentence unjust or plainly unreasonable. Justice David Boddice found the 14-year sentence should stand but reduced the detention period to 60 per cent. He cited the teen's guilty plea, "genuine remorse and prospects of rehabilitation" as special circumstances justifying his release from detention after serving less than the statutory 70 per cent. The teen had appealed Justice Sullivan's "particularly heinous" finding in a bid to get his overall sentence reduced to 10 years. However, Justice Boddice found Justice Sullivan's decision to impose the maximum overall sentence available at the time was correct as the offences were "properly described as provoking a sense of outrage". The teen now has five years left to serve in detention after 500 days of pre-sentence custody in May 2024 were recognised as time served. The teen's male co-offender, also a juvenile, was acquitted of murder at a judge-only trial in October. He was found guilty of burglary and assaulting Mr Lovell, and in December he was sentenced to 18 months' detention - time he has served. The family of a woman murdered during a home invasion have been left "broken" by the teen killer's sentence being reduced by almost 18 months on appeal. The boy, who cannot be named as he was aged 17 at the time of the offences, fatally stabbed Emma Lovell in the heart after he broke into her family's house north of Brisbane about 11.30pm on Boxing Day in 2022. Following a successful appeal on Friday, the teen will now serve a minimum of about eight years and four months in detention instead of about nine years and nine months before he is released under supervision. Victims of youth crime ambassador Lyndy Atkinson, who had worked with the Lovells since before the original sentencing, said the family now felt additional trauma. "They are a broken family ... (the teen defendant) will be able to get out and live his best life," she said. "Lee Lovell has lost a wife, his two girls have lost a mother. To me, it is still on the side of the offender and victims are continually being left behind." Queensland Attorney-General Deb Frecklington said the appeal was an unacceptable outcome and claimed it was caused by the previous Labor government's "weak laws". "I am now looking at my options to make an appeal to the High Court," she said. Queensland opposition leader Steven Miles said he did not want to "score cheap political points" but was shocked by the decision and thinking of the family. Mrs Lovell's husband Lee, who was wounded during the home invasion, was unable to attend court on Friday when the appeal decision was handed down. The home invasion led to "adult crime, adult time"' changes in Queensland law that allow for youth offenders to face a mandatory life sentence for murder with a minimum 20 years before parole. "The murder of Emma Lovell rocked the state and Queenslanders made it very clear enough is enough and change needed to occur," Ms Frecklington said. "The community and Emma's family will be devastated by this outcome and our thoughts are with them on another very difficult day they should never have had to endure." Justice Tom Sullivan in May 2024 sentenced the teen, then aged 19, to a maximum of 14 years with a requirement to serve 70 per cent of that time in detention, after he found the crime to be "particularly heinous". The Court of Appeal on Friday allowed the teen's appeal against the length of his sentence, with two of the three judges agreeing it was "manifestly excessive". In his dissenting opinion, Justice John Bond stated he was "respectfully" not able to find the sentence unjust or plainly unreasonable. Justice David Boddice found the 14-year sentence should stand but reduced the detention period to 60 per cent. He cited the teen's guilty plea, "genuine remorse and prospects of rehabilitation" as special circumstances justifying his release from detention after serving less than the statutory 70 per cent. The teen had appealed Justice Sullivan's "particularly heinous" finding in a bid to get his overall sentence reduced to 10 years. However, Justice Boddice found Justice Sullivan's decision to impose the maximum overall sentence available at the time was correct as the offences were "properly described as provoking a sense of outrage". The teen now has five years left to serve in detention after 500 days of pre-sentence custody in May 2024 were recognised as time served. The teen's male co-offender, also a juvenile, was acquitted of murder at a judge-only trial in October. He was found guilty of burglary and assaulting Mr Lovell, and in December he was sentenced to 18 months' detention - time he has served. The family of a woman murdered during a home invasion have been left "broken" by the teen killer's sentence being reduced by almost 18 months on appeal. The boy, who cannot be named as he was aged 17 at the time of the offences, fatally stabbed Emma Lovell in the heart after he broke into her family's house north of Brisbane about 11.30pm on Boxing Day in 2022. Following a successful appeal on Friday, the teen will now serve a minimum of about eight years and four months in detention instead of about nine years and nine months before he is released under supervision. Victims of youth crime ambassador Lyndy Atkinson, who had worked with the Lovells since before the original sentencing, said the family now felt additional trauma. "They are a broken family ... (the teen defendant) will be able to get out and live his best life," she said. "Lee Lovell has lost a wife, his two girls have lost a mother. To me, it is still on the side of the offender and victims are continually being left behind." Queensland Attorney-General Deb Frecklington said the appeal was an unacceptable outcome and claimed it was caused by the previous Labor government's "weak laws". "I am now looking at my options to make an appeal to the High Court," she said. Queensland opposition leader Steven Miles said he did not want to "score cheap political points" but was shocked by the decision and thinking of the family. Mrs Lovell's husband Lee, who was wounded during the home invasion, was unable to attend court on Friday when the appeal decision was handed down. The home invasion led to "adult crime, adult time"' changes in Queensland law that allow for youth offenders to face a mandatory life sentence for murder with a minimum 20 years before parole. "The murder of Emma Lovell rocked the state and Queenslanders made it very clear enough is enough and change needed to occur," Ms Frecklington said. "The community and Emma's family will be devastated by this outcome and our thoughts are with them on another very difficult day they should never have had to endure." Justice Tom Sullivan in May 2024 sentenced the teen, then aged 19, to a maximum of 14 years with a requirement to serve 70 per cent of that time in detention, after he found the crime to be "particularly heinous". The Court of Appeal on Friday allowed the teen's appeal against the length of his sentence, with two of the three judges agreeing it was "manifestly excessive". In his dissenting opinion, Justice John Bond stated he was "respectfully" not able to find the sentence unjust or plainly unreasonable. Justice David Boddice found the 14-year sentence should stand but reduced the detention period to 60 per cent. He cited the teen's guilty plea, "genuine remorse and prospects of rehabilitation" as special circumstances justifying his release from detention after serving less than the statutory 70 per cent. The teen had appealed Justice Sullivan's "particularly heinous" finding in a bid to get his overall sentence reduced to 10 years. However, Justice Boddice found Justice Sullivan's decision to impose the maximum overall sentence available at the time was correct as the offences were "properly described as provoking a sense of outrage". The teen now has five years left to serve in detention after 500 days of pre-sentence custody in May 2024 were recognised as time served. The teen's male co-offender, also a juvenile, was acquitted of murder at a judge-only trial in October. He was found guilty of burglary and assaulting Mr Lovell, and in December he was sentenced to 18 months' detention - time he has served. The family of a woman murdered during a home invasion have been left "broken" by the teen killer's sentence being reduced by almost 18 months on appeal. The boy, who cannot be named as he was aged 17 at the time of the offences, fatally stabbed Emma Lovell in the heart after he broke into her family's house north of Brisbane about 11.30pm on Boxing Day in 2022. Following a successful appeal on Friday, the teen will now serve a minimum of about eight years and four months in detention instead of about nine years and nine months before he is released under supervision. Victims of youth crime ambassador Lyndy Atkinson, who had worked with the Lovells since before the original sentencing, said the family now felt additional trauma. "They are a broken family ... (the teen defendant) will be able to get out and live his best life," she said. "Lee Lovell has lost a wife, his two girls have lost a mother. To me, it is still on the side of the offender and victims are continually being left behind." Queensland Attorney-General Deb Frecklington said the appeal was an unacceptable outcome and claimed it was caused by the previous Labor government's "weak laws". "I am now looking at my options to make an appeal to the High Court," she said. Queensland opposition leader Steven Miles said he did not want to "score cheap political points" but was shocked by the decision and thinking of the family. Mrs Lovell's husband Lee, who was wounded during the home invasion, was unable to attend court on Friday when the appeal decision was handed down. The home invasion led to "adult crime, adult time"' changes in Queensland law that allow for youth offenders to face a mandatory life sentence for murder with a minimum 20 years before parole. "The murder of Emma Lovell rocked the state and Queenslanders made it very clear enough is enough and change needed to occur," Ms Frecklington said. "The community and Emma's family will be devastated by this outcome and our thoughts are with them on another very difficult day they should never have had to endure." Justice Tom Sullivan in May 2024 sentenced the teen, then aged 19, to a maximum of 14 years with a requirement to serve 70 per cent of that time in detention, after he found the crime to be "particularly heinous". The Court of Appeal on Friday allowed the teen's appeal against the length of his sentence, with two of the three judges agreeing it was "manifestly excessive". In his dissenting opinion, Justice John Bond stated he was "respectfully" not able to find the sentence unjust or plainly unreasonable. Justice David Boddice found the 14-year sentence should stand but reduced the detention period to 60 per cent. He cited the teen's guilty plea, "genuine remorse and prospects of rehabilitation" as special circumstances justifying his release from detention after serving less than the statutory 70 per cent. The teen had appealed Justice Sullivan's "particularly heinous" finding in a bid to get his overall sentence reduced to 10 years. However, Justice Boddice found Justice Sullivan's decision to impose the maximum overall sentence available at the time was correct as the offences were "properly described as provoking a sense of outrage". The teen now has five years left to serve in detention after 500 days of pre-sentence custody in May 2024 were recognised as time served. The teen's male co-offender, also a juvenile, was acquitted of murder at a judge-only trial in October. He was found guilty of burglary and assaulting Mr Lovell, and in December he was sentenced to 18 months' detention - time he has served.
Canberra Times
a day ago
- Canberra Times
Family 'broken' by teen killer's sentence reduction
The boy, who cannot be named as he was aged 17 at the time of the offences, fatally stabbed Emma Lovell in the heart after he broke into her family's house north of Brisbane about 11.30pm on Boxing Day in 2022.
Perth Now
a day ago
- Perth Now
Man pleads not guilty to Boxing Day stabbing of wife
A man accused of killing his wife on Boxing Day may seek a finding of not guilty by mental impairment, a court has been told. John Beres faced Melbourne Magistrates Court via video link from prison on Friday. He is charged with the murder of his wife Yvonne, who was found dead at a property in Langwarrin, southeast of Melbourne, on December 26, 2024. Police previously alleged the 59-year-old woman was stabbed at a home on Wood Duck Court. Emergency services declared Ms Beres dead at the scene, after arriving at the address about 6.30am. Defence lawyer Alana Reader on Friday said Beres was seeking to fast-track his case to the Supreme Court and enter a plea of not guilty to the murder. Additionally, she said she had notified prosecutors that Beres' legal team is obtaining a mental impairment report. "So mental impairment is to be relied upon?" magistrate Gerard Lethbridge asked. "Potentially yes," Ms Reader replied. A person can be found not guilty of an offence such as murder by way of mental impairment, if it is proven they had a mental illness, disability or brain damage that impaired their judgment during the offending. The magistrate asked Beres how he pleaded to the charge of murder. "Not guilty," he said. Several members of the Beres family watched the short hearing remotely online. Beres will next face the Supreme Court in Melbourne for a directions hearing on September 1. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491
