A reduced jail sentence handed to a 17-year-old over the murder of Brisbane woman Emma Lovell has been thrown out by the High Court.
The mother of two died after she and her husband Lee were stabbed in a burglary at their home on Boxing Day in 2022.
Her killer, now in his 20s, pleaded guilty to four charges, including murder, and was originally sentenced to 14 years in prison.
That was reduced to 60 per cent of his sentence by the Queensland Court of Appeal, because of special circumstances, including his age and guilty plea.
But today, the High Court unanimously allowed the appeal, finding it was not open for the Court of Appeal to interfere with the original sentencing judge based on the principle of judicial restraint.
Appeal court ‘undermined’ statutory scheme: solicitor-general
The original judge imposed a sentence of 14 years in March 2024.
Under the law at the time, children could only be held for 70 per cent of their sentence, although that could be reduced in special circumstances.
The sentencing judge, Justice Tom Sullivan, described the murder as “particularly heinous” and determined special circumstances did not apply.
But the Queensland Court of Appeal disagreed, and reduced the time the teen would spend in custody to 60 per cent on the basis the sentence was excessive.
Lee and Emma Lovell had been married for two decades when she was killed. (Facebook: Lee Lovell)
The Queensland Attorney-General brought the case to the High Court in April, where the state’s Solicitor-General, Gim Del Villar, argued the Court of Appeal applied the wrong standard to its revision.
“The appeal court undermined the statutory scheme,” Mr Del Villar said.
Lawyers for the killer rejected that, claiming the sentencing judge had faulted by letting the seriousness of the offending overwhelm the mitigating factors that should have discounted the sentence, including his disadvantaged upbringing, age, and guilty plea.
Ms Lovell’s husband Lee, who was injured in the attack, travelled to Canberra for the High Court hearing in April this year.
He said today’s decision was “validation that Emma’s life did matter”.
Lee Lovell says the decision made by the High Court “means everything”. (ABC News: Luke Bowden)
Mr Lovell said at times he had felt “very frustrated” with the court system, but would now work to make peace with the decision.
He said the completion of the court process would allow for life to return to “some sort of normality” with a focus on supporting his daughters.
“Boxing Day is still going to be a really challenging day for us,” Mr Lovell said.
“I think we are just going to try and focus on us and try and enjoy what we can.”
Queensland Premier David Crisafulli said it was a “historic day for justice”.
“Whilst today still falls so far short of where anyone would like to see it is, in some very, very small way, a bit of justice,” he said.
“Today is a big win for the Lovell family, it will never be enough, but equally it is a win for every victim in this state who needs to know that they matter.”