SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Forster-Jones v The Queen |
Citation: | [2020] ACTCA 31 |
Hearing Date: | 19 May 2020 |
DecisionDate: | 5 June 2020 |
Before: | Murrell CJ, Crowe and Berman AJJ |
Decision: | See [80] |
Catchwords: | APPEAL – CRIMINAL LAW – Appeal against sentence – where the Crown concedes that an error occurred – where the sentencing judge did not assess the objective seriousness – resentence |
Legislation Cited: | Crimes (Sentencing) Act2005 (ACT), s 35A |
Cases Cited: | GAS v The Queen; SJK v The Queen [2004] HCA 22; 217 CLR 198 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 |
Parties: | Peter Forster-Jones (Appellant) The Queen (Respondent) Commissioner of the Australian Federal Police (Intervener) |
Representation: | Counsel K Archer (Appellant) S Drumgold SC (Respondent) A Berger (Intervener) |
| Solicitors Legal Aid ACT (Appellant) ACT Director of Public Prosecutions (Respondent) Australian Government Solicitor (Intervener) | |
File Number: | ACTCA 48 of 2019 |
Decision under appeal: | Court: Supreme Court of the ACT Before: Elkaim J Date of Decision: 15 October 2019 Case Title: R v Forster-Jones (No 2) Citation: [2019] ACTSC 286 |
THE COURT:
Introduction
On 15 October 2019 the appellant in this matter, Peter Forster-Jones, appeared for sentence before Elkaim J, having earlier pleaded guilty to a significant number of serious offences: see R v Forster-Jones (No 2) [2019] ACTSC 286 (Forster-Jones (No 2)). Those serious offences included one of murder, the appellant having killed a man by the name of Eden Waugh. His Honour sentenced the appellant to imprisonment for a total of 40 years, five months and 23 days, with a non-parole period of 25 years.
The appellant now appeals against the sentence imposed. The Crown concedes that the sentencing judge erred in a particular respect. We accept the appropriateness of that concession and will explain why later in this judgment. It thus becomes the task of this court to resentence the appellant.
Facts
The offences committed by the appellant occurred on two separate days, being 22 September 2016 and 3 November 2016.
Mr Waugh and his partner, Ms Marion Barr, lived in a home unit on the third floor of a block of units in Watson, ACT. They were both involved in selling heroin and methylamphetamine from their…
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- AGLC
- Forster-Jones v The Queen [2020] ACTCA 31
- Case
- [2020] ACTCA 31
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CaseChat Overview and Summary
The central legal issue before the appellate court was whether the sentencing judge had failed to properly assess the objective seriousness of the offence. This failure, conceded by the Crown, formed the basis of the appeal against the sentence.
The court reasoned that a proper assessment of objective seriousness is a fundamental component of sentencing. By failing to undertake this assessment, the sentencing judge had erred. Consequently, the appellate court was required to resentence the applicant, taking into account all relevant factors and applying the correct legal principles. The court made orders accordingly.
Orders
Orders of the court
See [80]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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