A second teenager accused of fatally stabbing a British woman during a home invasion in Australia has been cleared of murder.
Two teenage boys allegedly broke into the North Lakes, Queensland, house of Emma Lovell, 41, and stabbed her to death on Boxing Day holiday in 2022. The duo allegedly attacked Lovell and her husband when confronted.
In a judge-only trial, it was acknowledged that the second defendant, who was 17 then, did not personally commit any act of violence, ABC Australia reported.
After examining the evidence over three days of hearing earlier this month at Brisbane's Supreme Court, Justice Michael Copley pronounced his not guilty verdict on Thursday.
The teenager, whose identity is protected by law, pleaded not guilty to charges of armed break-in, malicious acts and assault resulting in harm to the husband, who was reportedly kicked and stabbed in the back, according to Nine News.
Although he was found not guilty of murder and the lesser offence of manslaughter of Lovell, the teenager was convicted of burglary and assault. He was also found not guilty of malicious acts with intent to harm the victim’s husband.
The judge had to consider whether the teenager shared a common intent to inflict harm. He ruled that the evidence did not prove beyond reasonable doubt that the defendant was aware that the other teenager had the knife when they entered the house.
The defendant was remanded in custody awaiting a pre-sentence report by early December.
Mr Lovell said he was disappointed with the verdict. “You can’t appeal a judge-only trial, so I’ve just got to suck it up,” he told reporters outside the court, according to The Guardian. “We’re the ones left with a life sentence now, and everyone carries on what they’re doing.”
The other teenager admitted to the murder in March this year and was given a 14-year prison sentence.
The murder of the British woman was a “particularly heinous” crime, justice Tom Sullivan said at the time of the sentencing.
“They were ordinary citizens enjoying their family life in their home where they were entitled to feel safe,” he added. “What happened violated that entirely.”
Lovell and her husband migrated from Suffolk to Brisbane with their daughters in 2011.
The stabbing took place outside their home and was captured on the family’s CCTV. The video was played in the courtroom to a gallery of people including Lovell’s two daughters, her husband and others.
The court was told that the couple were woken up by their dogs barking in their home in the suburb of North Lakes about 45km north of Brisbane. They went outside in the garden where Lovell was stabbed in the heart with an 11.5cm knife.
Police arrived on the scene to find her teenage daughters crying and calling for help before medics performed open heart surgery on the front lawn of her home.
Lovell died shortly after she was taken to hospital.
