Posted: 2024-06-27 06:03:59

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.

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.

Neither had a conviction recorded.

In response to the sentence, Attorney-General Yvette D'Ath said in a statement her thoughts "are always with the victims of the crime, who are forced to relive the traumatising and life changing event". 

"While the decision has only just been handed down, I will be requesting a brief from the Director of Public Prosecutions for their advice on the sentence."

Police forensics examine the scene.

Police forensics examining the Coorparoo property after the 2021 home invasion.(AAP: Dan Peled)

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.

Rachel Kefu leaves the Supreme Court in Brisbane, Thursday, February 22, 2024.

Rachel Kefu was seriously wounded when one of the attackers stabbed her.(AAP: Jono Searle)

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.

An image of Ben Cannon in a white shirt in front of a blurred brick building

The Kefu's neighbour Ben Cannon was also attacked.  (ABC News: Mark Leonardi)

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."

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".

Police outside the Kefu family house after a violent home invasion

Police outside the Kefu family house in Coorparoo after the home invasion in 2021.(ABC News: Jessica Stewart)

The offences committed against Mr and Mrs Kefu were determined to be particularly heinous, while the acts 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 Mr and Mrs Kefu 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.

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