R v Forster

[2002] QCA 495

SUPREME COURT OF QUEENSLAND

CITATION:

R v Forster [2002] QCA 495

PARTIES:

R
v
FORSTER, Warren Leslie
(applicant)

FILE NO/S:

CA No 10 of 2002
SC No 567 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EXTEMPORE ON:

14 November 2002

DELIVERED AT:

Brisbane

HEARING DATE:

14 November 2002

JUDGES:

McPherson and Davies JJA and Dutney J
Separate reasons for judgment of each member of the court,
each concurring as to the orders made

ORDER:

Application for leave to appeal dismissed

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – JUDGMENT AND PUNISHMENT – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE –  applicant shot his wife – premeditated with intention to murder her and suicide –  applicant aged 62 suffering from depression after wife left him – whether sentence was excessive

R v Reeves [2001] QCA 91, CA No 276 of 2000, 13 March 2001, followed
R v Mcadam-Kellie no 60265 of 2000 (NSW COA), considered

COUNSEL:

D J Murray for the applicant
C Heaton for the respondent

SOLICITORS:

Forest Lake Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

McPHERSON JA:  I will give judgment now.  The applicant pleaded guilty to a count of attempting to kill Blazenka Forster on 4 October 2000 and to a second count of doing grievous bodily harm to Peter Elcham.  He was sentenced to imprisonment for 12 years on the count of attempt and one year on count 2 to be served concurrently.  Mrs Forster is the former wife of the applicant.  Mr Elcham was a stranger who intervened and wrestled with the applicant and prevented him from firing a second shot at Mrs Forster.

The incident happened at about 4.00 p.m. on the afternoon of
4 October.  Mrs Forster was in the florist shop which she had recently opened in an arcade in Given Terrace, Paddington.  She was surprised to see the applicant enter the shop carrying an elongated cardboard box which he placed on the counter directing it at her.  He fumbled around inside to pull the trigger of a .22 calibre rifle it contained.  The bullet struck the complainant in the right breast, knocking her to the floor.  The applicant straddled her and pointed the rifle at her evidently intending to fire a second shot.

She was screaming for help and trying to push the rifle away.  He was saying he was going to kill her. 

A group of people came running from the arcade, shouting, "she has been shot".  The second complainant Mr Elcham, who was having coffee nearby, ran inside and into the shop.  He grabbed the rifle and struggled with the applicant to gain possession of it.  In the course of doing so, he suffered a small cut to the finger of one hand, which is the subject of count 2.  He succeeded in wresting the rifle from the applicant and ran outside locking the applicant in the shop, where the police later arrested him.…