The outcome of an appeal against the sentence for murder before the Victorian Court of Appeal was reported in the Herald Sun newspaper of 24 July 2013 at p. 17.

Facts

The defendant believed that one Peter Rule had told police of his (Borg’s) marijuana-growing business. Borg Lured Rule to a factory, shot him and then burned his body in a drum. What remained was then cut up with a chainsaw, crushed, and placed in hydrochloric acid before being dumped in the sea.

Trial

Borg was convicted in the Supreme Court before Lasry J and sentenced to 23 years imprisonment with a minimum of 19 years.

Appeal

The Director of Public Prosecutions appealed the leniency of the sentence.

Determination

The Court of Appeal upheld the DPP’s appeal. It took the view that a “planned execution carried out for the sole purpose of protecting a criminal enterprise at least approached the worst case of an offence for which the maximum penalty is life imprisonment”. It also considered that Borg’s denials of responsibility precluded a finding of remorse.

Borg was re-sentenced to imprisonment for 28 years and 9 months, to serve a minimum of 24 years and nine months.