A Brisbane neighbour who intervened during a violent home invasion involving former Wallabies player Toutai Kefu’s family is calling for an overhaul of the justice system after a failed appeal regarding the teen offenders’ sentences. The incident, which occurred in August 2021, resulted in serious injuries; Toutai sustained a critical liver wound, his wife Rachel suffered severe cuts from a sickle, and two of their children were harmed.
Ben Cannon, the neighbour who assisted the Kefu family, managed to subdue one of the attackers, both of whom were 15 years old. After pleading guilty to serious charges, one boy received an eight-year sentence while the other was given seven years. However, both were only mandated to serve half of their sentences, and no criminal convictions were recorded against them.
In 2024, the former attorney-general Yvette D’Ath attempted to appeal the sentences, citing them as “manifestly inadequate.” However, the Court of Appeal dismissed the case, stating the government failed to demonstrate that the sentences were insufficient. Cannon expressed his shock but not surprise at the ruling, arguing it reflected a concerning trend in the justice system, one that appears more lenient toward offenders than victims.
The appeal judges noted that the attorney-general needed to provide comparable cases to argue the sentences were disproportionate but failed to do so. They concluded that a sentence of under ten years was within a reasonable range given the circumstances. The original sentencing judge had cited the teenagers’ lack of prior convictions and rehabilitation efforts as reasons to reduce their detention periods.
Despite the outcome, Cannon remains determined to advocate for systemic change through his group, Voice for Victims. He emphasised the need for a justice system that effectively prevents future youth crime, stating, “We need a system that understands that unless we catch these kids earlier and steer them in a different direction…we will end up with more and more victims.”
While he acknowledged uncertainty about whether recent legislative changes—namely, the “adult crime, adult time” laws—would have produced different outcomes, he expressed frustration that many in the legal community seem unclear on the implications of these provisions. Cannon concludes with a call for clarity in justice, asserting, “Justice shouldn’t be grey. It should be black and white.”