4 days ago
Teenager appeals 14-year sentence for murdering North Lakes mother Emma Lovell
The teenager who killed south-east Queensland woman Emma Lovell during a home invasion has appealed his 14-year sentence, arguing it was manifestly excessive.
In 2022, two boys — then 17 years old — broke into her North Lakes home late on Boxing Day night.
During a struggle with Ms Lovell and her husband Lee, who had been trying to push the teenagers out of their house, the 41-year-old was stabbed in the chest and died on her front lawn.
Mr Lovell was also seriously wounded.
Last year, the now 19-year-old who was carrying the knife pleaded guilty to several offences, including murder, and was handed a 14-year sentence.
This sentence was only possible because a Supreme Court judge deemed his offending was "particularly heinous", a legal determination under previous Queensland youth justice laws.
On Monday, the teenager's lawyer Andrew Hoare argued in the Court of Appeal the sentence was manifestly excessive on a number of grounds, including that this determination should not have been made.
"The matters that were articulated by His Honour and created special prominence did not make an offence of particularly heinous," he said.
Mr Hoare accepted the features of the crime, including the fact there was "the loss of life of a person who was otherwise in the peaceful occupation of their house", was heinous.
However, he submitted it did not reach the higher threshold and pointed to a previous juvenile murder sentence where there was premeditation as an example of an appropriate declaration of "particularly heinous" offending.
Mr Hoare submitted if the Court of Appeal judges were to uphold the finding the offending was "particularly heinous", the term of 14 years should still be decreased.
Under the same legislation, the teenager was ordered to serve the maximum period a juvenile can spend in custody, which was 70 per cent of his sentence.
This was because the sentencing judge did not find that he had special circumstances that would allow for the custodial period to be reduced to a minimum of 50 per cent.
Mr Hoare argued a discount should have been applied due to the teenager's disadvantaged childhood, early guilty plea, remorse, and attempts to seek mental health support and further education in detention.
"That should have led to a reduction in the custodial component of the sentence," he said.
Crown prosecutor David Nardone opposed the teenager's appeal.
Mr Nardone accepted the teenager had an "unfortunate upbringing" but said other factors, including his lengthy criminal history, were also taken into consideration by the sentencing judge.
Speaking outside court, Mr Lovell said it was difficult attending court again and reliving the "horrific" details, but he wanted to be there for his wife.
"At times I don't feel like I've done enough."
Mr Lovell said he wanted to see the original sentence upheld and any reduction would leave him feeling like Ms Lovell's life had "less value".
"You just want it to be over and done really so you can move on," he said.
The appeal decision has been reserved.
