A judge-only trial will be conducted for a teenager accused of killing a woman during a home invasion on Boxing Day. The case has been referred to as unique by Justice Peter Callaghan.
It will begin on October 21.
Emma Lovell, a mother of two, was stabbed to death by two teenagers who broke into her family’s home in 2022. The two boys, who were 17 years old at that time, were charged with murder.
The accused, who is now 18, was allegedly aware of one of the boys’ alleged criminal intentions and had a knife.
On Wednesday, the teen applied for a judge-only trial, claiming that the extensive media coverage about his background and bail status at that time was inaccurate.
Laura Reece, his lawyer, said that the issue of youth crime and the law changes made following the death of Emma Lovell were crucial factors in the upcoming Queensland election.
The lawyer noted that members of the jury would be affected by the media coverage of the case, particularly the youth crime agenda, before the October 26 election.
According to Ms Reece, any prejudice they may have, could prevent them from being able to fairly consider the case.
Justice Callaghan agreed, saying that the information about the teenager was widely published during the election campaign.
The judge noted that due to the case’s notoriety, it had been able to circulate in the public consciousness.
He said it would take a superhuman effort for the jury to ignore the election campaign’s focus on youth crime. The topic was frequently brought up in connection with Emma Lovell’s death.
He also told jurors not to ignore the details of the election campaign during the time of their participation in the balloting process.
David Nardone, the Crown prosecutor, had previously stated that he did not have a position on the application.
However, it was believed that having a jury decide on the allegations based on the community’s standards was in the interest of justice.
Mr Nardone suggested that the jury should view footage of the home’s CCTV system to determine if the alleged killer was aware that one of his accomplices was armed when they entered the residence.
He said the jury’s decision would be based on what the accused knew.