Teen walks free after mum Emma Lovell stabbed to death in horror Boxing Day home invasion
A teenager who was 17 when he broke into Emma Lovell's Brisbane home alongside another teen on Boxing Day 2022 can walk free from court after serving 710 days in pre-sentence custody
by Chiara Fiorillo · The MirrorA teenager who broke into Emma Lovell's home alongside another teen who stabbed the mum to death in a horror attack is walking free from prison.
The 41-year-old Brit was stabbed in the heart as she fended off two intruders in a suburb of Brisbane, Queensland, Australia, at 11.30pm on Boxing Day 2022. In May this year, a teenage attacker who pleaded guilty to her murder was jailed for 14 years for the "heinous" crime and will serve 70 per cent of his sentence.
The other teenager, who is now 19 but cannot be named for legal reasons as he was 17 on the night Mrs Lovell was killed by his companion, was found not guilty of murder, manslaughter and malicious act with intent in October. He was only convicted for burglary in company and assault occasioning bodily harm in company because Justice Michael Copley was not satisfied the teenager knew his co-defendant had a knife.
"I am satisfied that the accused and co-accused had formed a common intention to steal property from within the house but I am not satisfied - beyond reasonable doubt - that there was an intention common to both to do so while armed with a knife," Justice Copley ruled. On Wednesday, the teen faced a sentencing hearing for his charges and almost 20 offences not related to the woman's murder - including several counts of entering a dwelling with intent, stealing and unlawful use of a motor vehicle that took place in the months leading up to the Boxing Day home invasion, reported ABC News.
Crown prosecutor David Nardone told the Supreme Court that the teenager had a lengthy criminal history and previously breached court orders including probation. The court heard he had just been released on bail for a similar offence on the day of the break-in.
But his defence lawyer, Laura Reece, said the young man had expressed "remorse and concern about the consequences of the break and enter at the Lovell residence" and been trying to turn his life around. She also noted the teen had spent 110 days alone in his cell for more than 22 hours due to staffing shortages in youth detention, The Guardian reported.
The court also heard that the teen was raised in a house rife with drug use and domestic violence, his father had been incarcerated and he had been taken into custody by child protection services. Justice Copley said "none of this" could excuse his offending but "puts it into a broader context."
The judge sentenced the teen to 18 months in detention and recorded a conviction for three of the 21 offences, including those related to the Boxing Day break-in. His 710 days spent in pre-sentence custody was declared as time served and he was free to leave court, according to News.com.au.
Outside court, Mrs Lovell's husband, Lee, who was also stabbed twice in the back and kicked in the head in the attempted robbery, expressed his disappointment that the teenager did not receive the same sentence as the main offender. In just a few weeks, it will be the second anniversary of the tragedy. When asked what his next plans were, Mr Lovell said: "I might just go and sit on a beach somewhere and try and reflect a bit."
Mum-of-two Mrs Lovell emigrated from Ipswich in Suffolk in 2011 with her daughters and her husband Lee. Their girls, aged 13 and 15, were upstairs asleep when the couple heard their dogs barking and went to check. Mr Lovell, who was kicked and stabbed in the back, had pushed one youth out of his home. He said he didn't realise how badly his wife was hurt until one of their daughter's told him: "Mummy's bleeding."
Their daughters had woken up and come downstairs and were both standing over their mum's body when paramedics arrived and performed open heart surgery on their front lawn. Mr Lovell said he is considering moving his family back to the UK, had trouble sleeping and knew his daughters' lives will never be the same again after their mum was tragically killed.