Teenager cleared of murdering mum-of-two Emma Lovell during break-in as husband calls verdict 'joke'

Emma Lovell was stabbed to death when two teenage intruders broke into her home in Brisbane on Boxing Day 2022. One of her attackers was cleared of murder in a judge-only trial, leaving her devastated husband describing the verdict as a joke

A teenager who broke into the home of a British mum in Australia has been sensationally cleared of her murder. Emma Lovell, 41, was stabbed in the heart as she fended off two intruders in a Brisbane suburb at 11.30pm on Boxing Day 2022.

In May this year a teenage attacker, who pleaded guilty to her murder was jailed for 14 years for the “heinous” crime and will serve 70 per cent of his sentence.

But a judge listened to three days of evidence earlier this month about the second intruder and on Thursday he handed down his not guilty verdict. Her husband branded the verdict a “joke” and said their family had been left with a “life sentence”. They are unable to appeal, he said because it was a Judge-only trial.

The court heard the second defendant who along with his partner in crime was 17 at the time of the attack, did not stab anyone himself and had pleaded not guilty to murder. The legal argument was around whether he knew his co-accused, who was also then 17, had been carrying a knife.

Mum-of-two Mrs Lovell emigrated from Ipswich in Suffolk in 2011 with her daughters and her husband Lee. Their girls, aged 13 and 15, were upstairs asleep when the couple heard their dogs barking and went to check.

Mr Lovell, who was kicked and stabbed in the back, had pushed one youth out of his home. He said he didn’t realise how badly his wife was hurt until one of their daughter’s told him: ‘Mummy’s bleeding’.

Their daughters had woken up and come downstairs and were both standing over their mum’s body when paramedics arrived and performed open heart surgery on their front lawn.

The second defendant, had also pleaded not guilty to armed break-in as well as malicious acts and assault occasioning bodily harm on Mr Lovell, who was kicked and then stabbed in the back. The teen, now 18, was convicted of burglary and assault, but cleared of more serious charges of wounding and the alternative charge of manslaughter.

Justice Micheal Copley ruled: “I am satisfied that the accused and co-accused had formed a common intention to steal property from within the house but I am not satisfied - beyond reasonable doubt - that there was an intention common to both to do so while armed with a knife.”

Fighting back tears outside Brisbane’s Supreme court, Lee Lovell described the verdict as “a bit of a joke”. He said it came down to whether the “guy turned his head and his eyes happened to see the knife totally not taking into consideration probably what had happened beforehand, the knife being passed from one person to another.

“You’re part of killing someone and you’re getting off with a burglary charge. What does that say to anyone else going forward? I don’t feel justified for Emma one bit. It’s not how I thought today was going to go. You try to do the best you can for her, and I don’t feel I’ve been able to do that,” he said.

The dad said he would like to have seen them both facing justice together in court and they’d “walk out seeing both of them locked away”. But instead, he added: “They get to carry on doing whatever they were doing and other people are left in the past. We’re the ones left with the life sentence.”

Emma’s best friend, Christine Lofthouse, posted on Facebook: “I have no words. The pain I feel for all who love Emma is immeasurable. This isn’t justice, this is a slap on the wrist, yet again, for another youth offender in Queensland...” The teen will remain in custody until he is sentenced for the lesser crimes.