The prospect of Kelly Wilkinson’s murderer walking free in 20 years has left her family feeling justice hasn’t been done – and even the sentencing judge agrees.
Brian Johnston, 37, who stabbed Ms Wilkinson, 27, and set her on fire, was handed a life sentence in Brisbane Supreme Court on Wednesday having previously pleaded guilty to murdering her on April 20, 2021.
Johnston was the estranged husband of Ms Wilkinson, who had been granted multiple court orders in an attempt to protect her.
It was revealed in court that Johnston was also charged with allegedly raping Ms Wilkinson weeks prior to killing her. That matter is still before the courts.
The mother-of-three’s sister, Danielle Carroll, came face-to-face with the killer in court before voicing her family’s anger with his sentence to awaiting media.
Former US Marine, Brian Johnston, has been sentenced to life imprisonment with a 20-year non-parole period for brutally murdering his estranged partner, Kelly Wilkinson (both pictured)
The court heard that Johnston will plead not guilty to the rape charges at a future trial at the Southport Magistrates Court.
While Justice Peter Applegarth emphasised that the charges are part of the factual background of the murder, it didn’t mean the allegations are proven.
‘Their relevance is you were acutely aware and concerned that she had made those allegations against you,’ he said, the Courier Mail reports.
While sentencing the former Marine, Mr Applegarth said the jail term he could impose on Johnston was limited by the law and he would likely agree with Ms Wilkinson’s family if they said it was not enough for the ‘horrendous crime’.
Crown prosecutor Philip McCarthy said Johnston stabbed Ms Wilkinson multiple times in the neck and chest before setting her alight at her Gold Coast home.
Johnston admitted to breaching a domestic violence order and his bail conditions.
‘Attending her home with the intent of killing her … I could not imagine a worse breach,’ Mr McCarthy said.
Justice Applegarth said Johnston had committed a premeditated crime of ‘extreme domestic violence’ and society had to make fundamental changes to end the scourge of violence against women.
‘No one is someone else’s possession,’ he said.
Johnston, 37, stabbed Ms Wilkinson multiple times before dousing her in petrol and setting her alight at her home on the Gold Coast on April 10, 2021
The court heard in the weeks prior to the murder, Johnston had been charged with allegedly raping Ms Wilkinson (pictured) and will plead not guilty to the charges at a future trial
Johnston arrived at Ms Wilkinson’s home armed with multiple knives and a 20 litre can of petrol before attacking her about 6.30am on her backyard patio.
Neighbours heard sounds of dogs barking, an argument and a woman saying ‘please stop’ before there was an explosion and flames leapt over the fence line.
The neighbours tried to help contain the fire before they got closer and saw Ms Wilkinson’s remains.
Johnston also brought a bag containing duct tape, zip ties, sedatives and an item he had intended to use to take his own life.
He was arrested that morning two blocks from the home and suffering from extensive self-inflicted injuries.
Defence barrister Kim Bryson told the court Johnston was remorseful and was exposed to domestic violence and excessive physical discipline as a child.
Johnston had been discouraged from seeking mental health treatment during his military service for depression and post-traumatic stress, Ms Bryson said.
The relationship broke down in 2021 over allegations Johnston had physically, emotionally and sexually abused Ms Wilkinson.
Johnston denied the assaults but Mr McCarthy said he was aware of the allegations before he murdered Ms Wilkinson.
She was so afraid of Johnston that she gave her family a secret phrase she would use in text messages to indicate she was under duress.
Ms Carroll told the court Johnston’s ‘pure evil’ decision to destroy her sister’s body had robbed the family of being able to properly say goodbye.
‘You have robbed me of a normal life with my baby sister, my confidant and my best friend,’ she said.
‘You have caused me and everyone around me a lifetime of immeasurable pain and suffering.
‘From the moment I received the phone call from my dad saying “he has killed her” I just remember being overcome with complete breathlessness.’
Johnston will be eligible to apply for parole 20 years after the date of his arrest.
Ms Wilkinson’s sister, Danielle Carroll (pictured), said her family was furious over the possibility of Johnston being released in 20 years
Ms Carroll spoke on behalf of her family outside court after the sentencing to say that justice had not fulfilled for Ms Wilkinson and her family.
‘It has been an incredibly painful journey for my family and after three long years, Brian has finally been sentenced to life in prison with 20 years parole time,’ she said.
‘Although a life sentence is fitting for someone who has committed such horrific domestic violence crimes, I can’t help but feel let down by the prospect of him being given a second chance and walking free after 20 years.
‘He could be free at 55. My heart aches for Kelly. This is not justice for her, this is not justice for our family and this is not justice for future victims and our community.’
Another man was charged in July 2021 with murder and faces trial for allegedly assisting the crime.
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National Sexual Abuse and Redress Support Service 1800 211 028
