Two teenagers who attacked rugby union great Toutai Kefu and his family in a “truly horrific” home invasion have been sentenced to less than 10 years, despite a judge finding their offending was particularly heinous.
The teens — who cannot legally be identified — were originally charged with the attempted murder of Mr Kefu, his wife Rachel Kefu and their two adult children in August 2021.
They had been preparing to face a judge-only trial, but instead offered to plead guilty to the lesser charges of malicious acts with intent, which were accepted by the prosecution earlier this year.
During a sentencing hearing last month, the Supreme Court heard the teens, who were 15 when the attack occurred, had hatched a plan to steal cars whilst armed with a sickle and a knife.
They first broke into a home in Forest Lake and stole that resident’s car, before travelling to Coorparoo, where they set their sights on the Kefu house at around 3am.
Before going inside, one of the four boys remarked: “If someone wakes up, just stab them.”
After being confronted by Mrs Kefu, whose screams woke her husband, they struggled with the couple, before slashing and stabbing them, causing significant injuries to them both.
Their adult children, who tried to come to their aid, were also injured.
Ben Cannon, who lived next door, was then assaulted while attempting to apprehend one of the teens outside.
When submitting what they believed was an appropriate punishment for the teens, the prosecution argued the offending should be categorised as particularly heinous so they could be sentenced to more than 10 years in custody.
However, both legal teams submitted this was excessive as the offending was conducted in a reactive manner and out of fear, rather than intention to cause harm.
When handing down his sentence on Thursday, Justice Peter Davis rejected this, telling the court they “invaded the sanctity of the Kefu house” with a plan to use force to overcome any resistance.
“You had every intention to use the weapons, if necessary,” he said.
“You were not under threat, and you could have simply left the house once you had been confronted.”
Crime considered ‘particularly heinous’
Justice Davis told the court the Kefus had done “absolutely nothing wrong” and the home owners were “completely and totally justified” in defending themselves.
“They were peacefully occupying their house,” he said.
Justice Davis described crime scene photos taken after the “truly horrific events” as looking “like a war zone”.
The teens offending against Mr and Mrs Kefu were determined to be particularly heinous, however the acts committed against their 18-year-old daughter and 21-year-old son were not.
Despite this, Justice Davis sentenced one of the teens to seven years in custody and the other to eight.
Justice Davis found the teen who injured both of them with the sickle, which he described as a “wicked instrument”, as more culpable.
He told the court when determining their punishment he took into consideration their lack of criminal history and insight and remorse.
The pair have been in custody since their initial arrests, and due to special circumstances determined by Justice Davis, they will only have to serve 50 per cent of their sentences.
One of the teens will be released in February next year.
Posted 22m ago22 minutes agoThu 27 Jun 2024 at 6:03am, updated 8m ago8 minutes agoThu 27 Jun 2024 at 6:17am
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