R v Price; R v Rahim; R v Taufahema [2024] NSWSC 1419

R v Price; R v Rahim; R v Taufahema [2024] NSWSC 1419

Appropriate sentences for each offender were determined by assessing objective seriousness and subjective circumstances, applying the statutory guideposts for each count, relevant aggravating and mitigating factors, reduction for guilty pleas or facilitation of justice, parity and totality principles, hardship in custody, and adjustment for special circumstances. Where an offender had made an early offer to plead guilty to manslaughter (Rahim), a 25% discount was applied under s 25E. Each sentence reflected a balance of denunciation, deterrence, community protection, and prospects of rehabilitation commensurate with their individual roles and culpability.

Parties
Prosecution: Rex (Crown); Offender: Lisa Anne Price; Offender: Bilal Rahim; Offender: Viliami Bui Taufahema
Jurisdiction
Australia
Judgment Date
08 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted - Sentenced
Legal Topics
Murder, Manslaughter, Joint Criminal Enterprise, Assault With Intent to Rob in Company, Armed Robbery, Aggravated Break and Enter, Assault Occasioning Actual Bodily Harm
Criminal Law Murder Manslaughter Joint Criminal Enterprise Assault With Intent to Rob in Company Armed Robbery Aggravated Break and Enter Assault Occasioning Actual Bodily Harm

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Parties

Rex (Crown)

Prosecution

Lisa Anne Price

Offender

Bilal Rahim

Offender

Viliami Bui Taufahema

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for each offender for offences arising from the death of Luke Lembryk and related offences
  2. 2 Applicability of statutory aggravating factors and principle of parity
  3. 3 Extent of moral culpability reduction due to offenders' backgrounds and circumstances

Ratio Decidendi

Appropriate sentences for each offender were determined by assessing objective seriousness and subjective circumstances, applying the statutory guideposts for each count, relevant aggravating and mitigating factors, reduction for guilty pleas or facilitation of justice, parity and totality principles, hardship in custody, and adjustment for special circumstances. Where an offender had made an early offer to plead guilty to manslaughter (Rahim), a 25% discount was applied under s 25E. Each sentence reflected a balance of denunciation, deterrence, community protection, and prospects of rehabilitation commensurate with their individual roles and culpability.

Court Disposition

Convicted - Sentenced

Orders

  • Lisa Anne Price is sentenced to 8 years' imprisonment, with non-parole period of 4 years 6 months commencing on 8 July 2020; balance of 3 years 6 months commencing on 8 January 2025 and ending 7 July 2028.
  • Bilal Rahim is sentenced to 8 years 6 months' imprisonment, with non-parole period of 5 years 2 months commencing on 9 December 2019; balance of 3 years 4 months commencing on 9 February 2025 and ending 8 June 2028.