R v Borg [2010] NSWSC 951

R v Borg [2010] NSWSC 951

While the murder committed by Terence Michael Borg fell short of the middle of the range of objective seriousness due to mitigating factors including some loss of self-control and underlying personality and anxiety disorders, lack of premeditation, and good character, the offence remained very serious; applying statutory principles, offender was sentenced to imprisonment with a non-parole period below the standard, reflecting these circumstances.

Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['murder' 'sentencing' 'provocation' 'partial Defence' 'personality Disorder' 'standard Non Parole Period']
['criminal Law'] ['murder' 'sentencing' 'provocation' 'partial Defence' 'personality Disorder' 'standard Non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of sentence for murder after guilty verdict' 'Consideration of provocation and impairment of self-control as mitigating factors' 'Assessment of objective seriousness for standard non-parole period' 'Interpretation of partial defences under s 23A Crimes Act 1900 (NSW)' 'Application of mitigating and aggravating factors under s 21A Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

While the murder committed by Terence Michael Borg fell short of the middle of the range of objective seriousness due to mitigating factors including some loss of self-control and underlying personality and anxiety disorders, lack of premeditation, and good character, the offence remained very serious; applying statutory principles, offender was sentenced to imprisonment with a non-parole period below the standard, reflecting these circumstances.

Court Disposition

convicted and sentenced

Orders

  • ['Terence Michael Borg sentenced to imprisonment with a non-parole period of 16 years commencing 12 July 2008, expiring 11 July 2024, balance of term of 5 years expiring 11 July 2029. Earliest eligibility for parole is 11 July 2024.']