A PHOTOGRAPH was taken of a Maryborough man after he was killed in his own home, a court has been told.
But the lawyer for the teen convicted of the man's murder told the Supreme Court on Friday the 18-year-old did not take the photo despite the image being found on his phone.
A jury last year found the teen guilty of killing John Bourke on July 15, 2018.
That night, the then-15-year-old and an older boy left a party and went to Mr Bourke's Derby Road home.
The 15-year-old wanted to confront another man who had allegedly sexually assaulted a close friend, but attacked Mr Bourke in a case of mistaken identity.
The younger boy kicked in the front door of Mr Bourke's home and began assaulting him when he came to the door on crutches.
The older boy, then aged 17, punched the 45-year-old twice in the head and stomped on his leg between two and four times.
The 15-year-old continued to attack Mr Bourke even after his older friend tried to stop him. The teen stomped on the man's head twice, killing him.
Mr Bourke had osteogenesis imperfecta, or 'brittle bone disease', which left him highly susceptible to fractures.
At the time of his death, Mr Bourke needed crutches to walk and used a mobility scooter.
Crown prosecutor Grant Hayward told the court the 18-year-old took a photo of Mr Bourke's body about an hour after the attack.
Detectives found the photograph on the teen's phone during their investigations.
Mr Hayward said the photo showed the teen had a lack of remorse in the immediate aftermath of the murder.
"It was like he was creating a trophy and was pleased with what he had seen," Mr Hayward said.
Defence counsel Rishi Nathwani told the court his client did not take the photograph and that another boy had used the teen's phone to take the photo.
Mr Nathwani said the 18-year-old had immediately shown remorse for the attack as witnesses saw him crying when he returned to the party.
The defence counsel said the teen was also remorseful in the police interview the next day.
Mr Nathwani said the teen had a history of post traumatic stress disorder and depression after being physically abused as a child.
He said the teen's mental health had deteriorated since the Supreme Court trial last year, with the 18-year-old now being medicated for psychotic symptoms.
Mr Nathwani submitted the teen acted out of character on the night of the murder and was heavily intoxicated.
He said the teen's moral culpability should be reduced due to his mental health and immaturity at the time of the murder.
But Mr Hayward said the moral culpability was high as it was essentially a premeditated revenge attack.
The prosecutor said Mr Bourke's family had been deeply impacted by murder. Victim impact statements were read to the court from Mr Bourke's sister, father, brother, and nieces.
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Mr Bourke's father Peter told the court about his "indescribable grief" of losing a son who was so well-loved among family, friends, and the broader community.
"I can't believe two so-called human beings treated John in such a sadistic manner," he said. "I lay awake at night feeling guilty that I was not there to defend him.
"I was taught to forgive and forget, but I can't do that. This was unforgivable."
Mr Bourke's sister Antoinette told the court John's death had left a "void" in her life.
"He was a kind, loving, genuinely happy, and sincere person," she said. "On July 15, 2018, John received a death sentence and we received a life sentence of grief and loss."
Mr Nathwani submitted the plea should be adjourned so the teen could be assessed for another psychiatric report.
Justice Elizabeth Hollingworth accepted that report would be valuable in determining the length of the teen's sentence.
The matter was adjourned to a date yet to be fixed.
The older boy, now aged 19, was sentenced to three years in a youth justice centre after pleading guilty to recklessly causing serious injury and home invasion.
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