Second teenager charged over home-invasion murder of Emma ...
A second teenager charged over the home-invasion murder of south-east Queensland woman Emma Lovell has been acquitted by a judge.
Ms Lovell was fatally stabbed on her front lawn after confronting two 17-year-old boys who had broken into her North Lakes house on Boxing Day in 2022.
The 41-year-old's husband Lee Lovell was also knifed in the back and assaulted as the couple struggled with the intruders.
Police established a crime scene at the North Lakes home. (ABC News: Laura Lavelle)
Earlier this year, the teenager responsible for wounding them both pleaded guilty to several charges, including murder and malicious acts with intent.
He is serving a 14-year sentence, which is subject to an appeal.
The second teenage boy, who cannot be named and was charged as a party to that offending, faced a three-day judge-only trial in Brisbane last week.
On Thursday, Justice Copley found him not guilty of murder and the lesser offence of manslaughter of Ms Lovell and not guilty of malicious acts with intent in relation to Mr Lovell.
Instead, the teenager was found guilty of burglary in company and assault occasioning bodily harm in company.
He will be sentenced on those charges in December.
At the beginning of the trial, Justice Copley was told that very few details were in dispute.
It was not contested that the teenager had unlawfully entered the Lovell's home, and it was agreed he did not personally perpetrate any violence toward the couple.
Emma and Lee Lovell. (Facebook: Lee Lovell)
However, under Queensland laws, the teenager could still be prosecuted for murder.
To find him guilty, the prosecution had to prove beyond reasonable doubt he first formed a common intention to break into the home with his co-defendant while armed.
Justice Copley must be satisfied that while they were carrying out that unlawful act, endangering human life was a probable consequence.
The case against the teen centred on whether he was aware his co-defendant was carrying a knife at the time of the break and enter.
Emma Lovell suffered a fatal chest injury and Lee Lovell was wounded in the back. (Facebook: Lee Lovell)
CCTV footage was entered into evidence by the prosecution in a bid to establish this.
In the vision, the pair are seen approaching the Lovell's front door and the teenager on trial was ahead of the main offender.
Before entering the home, he turns to look behind him and the main offender is holding the weapon.
Prosecutors alleged this was the moment the second teenager on trial would have seen the knife.
His defence team argued it could not be deduced from the vision that he definitely saw it.
In his published reasons, Justice Copley said he was not satisfied the accused was a party to the murder.
Emma Lovell, 41, was fatally stabbed at North Lakes late on Boxing Day in 2022. (Facebook: Emma Lovell)
"This is because although I am satisfied that the accused and [the co-defendant] had formed a common intention to steal property from within the house I am not satisfied beyond reasonable doubt that there was an intention common to both to do so while armed with a knife," he said.
"The evidence is not such that I can be satisfied beyond reasonable doubt that the accused knew [the co-defendant] had a knife in his possession when they entered."
Justice Copley said he was not able to determine whether there was sufficient light to enable the accused to see the knife.
"There was nothing I could see to suggest that the accused activated any torch function on his phone, if it had one," he said.
"I cannot be satisfied that any light emitted by his phone was sufficient to allow him to see the knife but, as I have said, I cannot be satisfied he was looking in the direction of the knife."
Husband disappointed with verdictThe victim's husband was present in court, telling media he wasn't satisfied with the outcome.
"I'm not feeling too great at the moment, to be honest. I think the verdict was a bit of a joke. I just don't feel justified for Emma one bit. That is not how I thought today was going to go, to be honest," Mr Lovell said, visibly emotional.
"I didn't think it was going to get just a burglary charge pretty much, no. Not at all.
"You just try to do the best you can for her and I just don't feel I've been able to do that."
Mr Lovell, pictured here at an August youth crime rally, said he'd hoped for a different court outcome. (ABC News: Rachel Riga)
When asked if he would return for the sentencing outcome, Mr Lovell said it felt like he might be wasting his time.
"Because he'll probably walk out the door before I will, to be honest, the way things are going. I'll come along anyway," he said.
"As other people have said in the past, we're the ones left with a life sentence now, and everyone carries on what they're doing."