澳大利亚高等法院周四裁定支持昆士兰州总检察长的上诉,推翻了对2022年12月26日杀害母亲Emma Lovell的17岁少年的减刑判决[1]。该少年因入室抢劫中致命刺伤Lovell被判14年监禁,其中70%必须在狱中服刑[1]。高等法院认定上诉法院无权推翻原判官的量刑决定[1]。
原判官Tom Sullivan曾认为该少年的童年剥夺、认罪态度和改造前景不构成特殊情节[1]。Lovell在遭受长度为13厘米的刀伤穿透心脏后不治身亡[1]。昆士兰州总检察长Deb Frecklington表示:"如果这件事发生在我们的政府任期内,这个孩子会被判终身监禁"[1]。
Australia's High Court has upheld an appeal by Queensland's Attorney-General, reversing a reduced sentence for the 17-year-old who fatally stabbed Emma Lovell, a mother of two, during a home invasion on December 26, 2022.[1] The teen was originally sentenced to 14 years imprisonment, with 70 percent of that time to be served in custody, but had his sentence reduced by approximately 18 months through an earlier appeal.[1] The High Court determined that the Court of Appeal had no authority to overturn the original sentencing judge's decision.[1]
The attack involved a 13-centimeter knife wound that penetrated Lovell's heart during the robbery.[1] Trial judge Tom Sullivan had rejected arguments that the offender's deprived childhood, guilty plea, and rehabilitation prospects constituted special circumstances warranting a reduced sentence.[1] Queensland Attorney-General Deb Frecklington stated that "if this had happened during our government's term, this child would have been sentenced to life imprisonment."[1]