A shattered dad whose wife was murdered during a Boxing Day home invasion says that ‘justice had not been done’ and that he and his family felt ‘let down’ after one of the two intruders walked free from court.
Mother-of-two Emma Lovell, 41, was stabbed to death on the front lawn outside her North Lakes home, north of Brisbane, in December 2022.
While the youth who killed Ms Lovell was sentenced to 14 years jail earlier this year, the other intruder, now aged 19, was allowed to walk free from Brisbane Supreme Court on Wednesday due to time served in detention since the incident.
It comes after he was acquitted of murder or manslaughter and of wounding the mother-of-two at a judge-only trial in October. He was found guilty of burglary and the assault of Ms Lovell’s husband Lee.
Mr Lovell told Channel Nine’s A Current Affair that the verdict was another heavy blow for him and the couple’s two teenage daughters Kassie and Scarlett.
‘I wanted justice for Emma and I wanted justice for us and I just don’t feel that we’ve got that,’ he told Ally Langdon on Wednesday night.
‘Until things start to change for the court system and the laws are implemented, then how is this ever going to change for us or for anyone going forward?’
Emma Lovell (pictured with husband Lee) was stabbed to death during a home invasion
Boxing Day will mark two years since the North Lakes mother-of-two (pictured) died
All Mr Lovell wants to do now is get on with his life.
‘It can be very easy to focus on the failings we’ve suffered and and be bitter and angry but I just don’t really want get that way,’ he said.
‘So I’m just trying to make our lives as normal as I can.
‘We’ve all still got to go to work and go to school and get on with life and that’s what I’m trying to focus on.’
Although convictions were recorded against the teen for the Lovell home invasion and another burglary, he was not given a probation order.
Mr Lovell, who was also stabbed during the home invasion, still wakes up terrified in the middle of the night.
‘There are some times when I’m, I’m still woken up in the middle of the night and, you know, checking my phone for the camera,’ he said.
‘You think that someone’s in your house or the back garden and I’m not too sure that’ll ever change anytime soon.’
Boxing Day will mark two years since the tragedy.
Asked how he and his two daughters would cope with a second Christmas without Emma, Mr Lovell said they would enjoy it the ‘best that they can’.
‘It will be challenging for all of us not having Emma in our house and completing our family like it was so, and as you said, like, you know, for that person (the released offender) they get to carry on with their life, you know, and enjoy their life,’ he said.
Mr Lovell renewed calls for an overhaul of the judicial system.
‘I’m not saying I agree with locking up everyone, you know, every child for like a maximum sentence, I’ve never really advocated for that,’ he said.
‘But I think if you’re sort of crossing the line and you know, manslaughter and murder charge then yeah, maybe, maybe you do need to be locked up for a longer time.’
The grieving dad didn’t think Wednesday’s sentence provided any deterrence.
‘You know, until people start getting punished for what they’re doing for, for the crimes they’re doing how is anything ever going to change for people going forward?’ he added.
Lee Lovell was shattered after a teen who broke into his home on the night his wife died walked free from court on Wednesday
Lee Lovell and his two daughters are about to spend their second Christmas without Emma
Crown prosecutor David Nardone told court on Wednesday the youth had 104 prior criminal charges and he had committed offences while on community orders and probation.
Even on the day of the fatal house invasion, he had been released that morning on bail.
Mr Nardone said the youth had also pleaded guilty to 19 other offences mainly related to stealing alcohol from shops worth $2000 and wallets and vehicles from homes while in company and at night, between September and December 2022.
Defence barrister Laura Reece said her client should not face a further probation order after he had shown improvements while in detention.
“Almost two years in detention is sufficient punishment,” she told the court.
Ms Reece said psychological reports showed the youth had taken steps toward rehabilitation, was remorseful and had positive plans for the future.
Justice Michael Copley said the youth had committed offences primarily to obtain money to fund his substance abuse and had been influenced by others, but that could not excuse his offending.
‘I don’t know if your statements of remorse are true or not. No longer breaking the law would be the best evidence,’ he told the teen.
Justice Copley said the only suitable punishment was a detention order.
‘You repeatedly offended with no regard to others’ property rights,’ he said.
The youth who walked free on Wednesday was out on bail when he was involved in the deadly in the home invasion
Justice Copley said video taken from a security camera above the Lovell’s front door showed the youth’s attitude towards court orders.
‘You knew it was wrong to enter someone’s home. You knew you should not be committing offences while on a court order,’ he told the teen.
During the hearing Mr Lovell read from his victim impact statement but Justice Michael Copley said he would not be able to take into account any parts involving Emma Lovell’s death.
‘We made our home a place of love and protection … the actions of you and your co-offender took away our sense of safety,’ Mr Lovell read out.
‘A night of unimaginable tragedy started when you decided to enter my home.’
Mr Lovell has installed extra security cameras and a security door but his family still felt a psychological impact.
‘Sleep is a problem. I wake up thinking someone is inside my home,’ Mr Lovell said.
Queensland Attorney-General Deb Frecklington said the sentence did not meet community expectations, or her own.
‘I will be considering all aspects of today’s sentencing and obtaining further advice about the legal options available to me,’ she said in a statement on Wednesday.
Ms Frecklington said her thoughts were with the Lovell family and that Emma’s death ‘laid bare the horrifying realities’ of Queensland’s youth crime crisis.
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