A TEENAGER has been cleared of the murder of a British woman who was stabbed to death during a break-in at her home in Australia.
Emma Lovell, originally from Ipswich, died on Boxing Day in 2022 as she fought off two intruders at her property in North Lakes, Queensland.
NINE/UNPIXSEmma Lovell, 41, was murdered on Boxing Day in 2022[/caption]
NINE/UNPIXSTwo teenagers who have not been identified broke into her home and have been on trial for her murder[/caption]
SWNSLovell and her husband Lee (right) woke to the sound of their dogs barking at 11:30 pm[/caption]
The 41-year-old died from a stab wound that pierced her heart.
One of the men who has not been named as he was under the age of 18 at the time of the murder was jailed for 14 years back in May after pleading guilty to her murder.
A second man who was 17 at the time, appeared at Brisbane’s Supreme Court last week and was found not guilty of her murder on Thursday.
The case was heard without a jury by Justice Michael Copley who also cleared the unidentified teenager of malicious act with intent and unlawful wounding.
However, the now 18-year-old was found guilty of burglary and assault.
“I am not satisfied beyond reasonable doubt that the accused was a party to this murder,” the judge said after three days of hearing evidence.
The mother of two was described by Justice Tom Sullivan as “an energetic and beloved mother, wife, daughter, and sister.”
Lovell, her husband Lee, and their two daughters left their home in Suffolk for Australia in 2011.
On December 26, 2022, the pair were awoken by their barking dogs around 11:30 pm.
The court heard how the pair realized there were intruders in their home and that they had desperately tried to fight them off.
Lee was injured when he was caught in a “physical struggle” outside the front door to the property.
The fight eventually moved to the front lawn where his wife was killed.
Lovell was stabbed twice in the back and kicked in the head during the burglary.
The teenager who was cleared of murder on Thursday was also cleared of the charge of aggravation of being armed with an offensive weapon.
I don’t feel justified for Emma one bit.
Lee Lovell
During the trial, prosecutors argued that he “had knowledge at the time of the commission of all of the offences and that his co-offender was in possession of a knife.”
However, the judge ruled that he was not convinced beyond reasonable doubt that the teenager knew his co-offender was carrying a knife.
Justice Copley also said that he was not convinced the evidence given met the criminal standard to find the teen guilty of being “party to the murder,” to the unlawful wounding of Lovell’s husband, or of committing a malicious act with intent.
However, Copley concluded that the teenager did commit assault occasioning actual bodily harm.
It was found that the defendant was on the lawn when his co-offender assaulted Lee “for the purpose of physically participating, if necessary, in the assault.”
He will be sentenced on December 4 and will be remanded in custody until then.
Lovell’s husband has spoken out about his anger following the Thursday’s judgement.
“I’m not feeling too great at the moment – the verdict was a joke,” he told reporters outside the courthouse.
“I don’t feel justified for Emma one bit.
“You try and do the best you can for her and I don’t feel I’ve been able to do that.”
“We’re the ones with the life sentence now,” he added.
When asked if he would return for the sentencing, he said, “I feel like I’m slightly wasting my time coming along for a burglary charge.”
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