Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 16:

1. In the early hours of 7 December 2019, at Condell Park, New South Wales, Luke Lembryk was tragically stabbed to death in his home following a break-in by two men unknown to him. He died shortly after the stabbing in the arms of his mother, Ms Bradley, with whom he lived. Ms Bradley was also assaulted by the men. Mr Lembryk was 29 years old at the time of his death and was a much loved man. Later in my remarks, I will have more to say about Mr Lembryk and the devastatingly sad loss suffered by his family. These remarks must now focus, however, on the events of 7 December 2019, the circumstances leading up to those events, and on the offender's circumstances.

2. The two men who broke into the home of Luke and his mother were Viliami Bui Taufahema and Joseph Nehme. During the course of the break-in, Mr Lembryk had clearly confronted the men, and one of them responded by violently attacking him with a knife five times. The cause of death was a stab wound to the lower left-hand side of Mr Lembryk's chest which penetrated his heart.

3. Mr Nehme had recruited Mr Taufahema earlier that evening to carry out a robbery. Mr Nehme had arranged for Mr Taufahema to be driven to Mr Lembryk's premises by Bilal Rahim. The plan to rob Mr Lembryk had come into being earlier that evening when Mr Nehme heard from an acquaintance, Lisa Anne Price, that Mr Lembryk was a worthwhile target. Ms Price was a friend of another woman, Sherene Rizk. It was while Mr Nehme was at Ms Rizk's house in Rockdale that he received the idea from Ms Price of robbing Mr Lembryk.

4. Mr Nehme was arraigned before a jury panel in the Supreme Court of New South Wales at King Street, on 7 March 2024, and pleaded not guilty to the two charges on the indictment. Following a trial, he was found guilty of both charges on 8 April 2024, as follows:

1) Count 1: On 7 December 2019, at Condell Park in the State of New South Wales, did murder Luke Lembryk (s 18(1)(a) Crimes Act 1900 (NSW));

2) Count 2: On 7 December 2019, at Condell Park in the State of New South Wales, did assault Luke Lembryk with intent to rob him whilst being in company (s 97(1) Crimes Act).

5. The jury retired to consider its verdicts on Friday 5 April 2024 (shortly after 3:00pm) and returned with its verdicts before 1:00pm on Monday 8 April 2024.

6. Mr Nehme had, almost three years earlier, pleaded guilty to another charge relating to the events of that night. On 7 May 2021, Mr Nehme pleaded guilty to the following charge (which was Count 5 on an earlier indictment ("Count 5")):

* On 7 December 2019, at Condell Park in the State of New South Wales, did break and enter the dwelling house of Robyn Bradley situated at Condell Park and then in the said dwelling house did commit a serious indictable offence, namely, assault Robyn Bradley with intent to commit the serious indictable offence of the robbery of Luke Lembryk, in circumstances of aggravation, namely being in company (s 112(2) Crimes Act).

7. Mr Nehme was originally to be tried with four other co-accused, but his trial was separated on 31 October 2023: see R v Nehme; R v Price; R v Rahim; R v Rizk; R v Taufahema (No 4) [2024] NSWSC 451. The trial of Ms Price, Ms Rizk, Mr Rahim and Mr Taufahema took place between 8 November 2023 and 21 December 2023. Ms Rizk was acquitted, and the others were convicted and sentenced as set out in R v Price; R v Rahim; R v Taufahema [2024] NSWSC 1419 ("Price, Rahim and Taufahema sentencing remarks").

8. The evidence in both trials was largely the same, but there were some differences. One of the differences was that in Mr Nehme's trial, Mr Nehme chose to give evidence.

9. It can also be noted that Mr Nehme is being sentenced for three charges rather than four (the charge he is not being sentenced for, as compared to Ms Price, Mr Rahim and Mr Taufahema, being aggravated break and enter with intent to commit a serious indictable offence). However, given the particular circumstances of the offending in this case, and the principle of totality, this factor is of limited significance in relation to parity.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193cc44d3b0a209bc03b6fce)

Disclaimer: Curated by HT Syndication.