R v Forster-Jones (No 2)

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Forster-Jones (No 2)

Citation:

[2019] ACTSC 286

Hearing Date:

15 October 2019

DecisionDate:

15 October 2019

Before:

Elkaim J

Decision:

See [36]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Multiple offences for violence – Murder – Guilty pleas

Legislation Cited:

Crimes Act 1900 (ACT) ss 12, 21, 23, 24
Crimes (Sentencing) Act 2005 (ACT) ss 33(1), 35A

Criminal Code 2002 (ACT) ss 45A, 310, 312

Cases Cited:

Azzopardi v R [2011] VSCA 372; 35 VR 43
Douglas v R
(1995) 56 FCR 465
Imbornone v R
[2017] NSWCCA 144
R v King
[2008] ACTCA 12
R v Le Clair; R v Yeboah
[2016] ACTSC 126
R v Minnis
[2014] ACTSC 268
R v Verdins [2007] VSCA 102; 16 VR 269

Parties:

The Queen (Crown)

Peter Forster-Jones (Offender)

Representation:

Counsel

A Williamson (Crown)

R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 113 of 2018

ELKAIM J:

  1. On 17 June 2019 the offender pleaded guilty to eight out of nine counts in an Indictment dated 4 June 2019. The offender pleaded not guilty to Count 7 of that Indictment which related to a charge of murder.

  1. On the second day of his trial (19 June 2019) the offender changed his plea in relation to the murder charge, to guilty, satisfying the indictment in full.

  1. The plea to the charge of murder was accepted on the basis that the offender had acted with reckless indifference when he killed the deceased.

  1. The crimes to which the offender pleaded guilty, and their maximum penalties are as follows:

(a)Count 1: Aggravated burglary (CC2018/3161), contrary to s 312 of the Criminal Code 2002 (ACT), by virtue of s 45A of the Criminal Code. The maximum penalty is a fine of $300,000, 20 years imprisonment or both.

(b)Count 2: Assault occasioning actual bodily harm (XO2018/31386), contrary to s 24 of the Crimes Act 1900 (ACT), by virtue of s 45A of the Criminal Code. The maximum penalty is 5 years imprisonment.

(c)Count 3: Wounding (XO2018/31387) contrary to s 21 of the Crimes Act, by virtue of s 45A of the Criminal Code. The maximum penalty is 5 years imprisonment.

(d)Count 4: Assault occasioning actual bodily harm (XO2018/31388) contrary to s 24 of the Crimes Act, by virtue of s 45A of the Criminal Code. The maximum penalty is 5 years imprisonment.

(e)Count 5: Inflicting actual bodily harm (XO2018/31389) contrary to s 23 of the Crimes Act, by virtue of s 45A of the Criminal Code. The maximum penalty is 5 years imprisonment.  

(f)Count 6: Assault occasioning actual bodily harm (XO2018/31390) contrary to s 24 Crimes Act, by virtue of s 45A of the Criminal Code. The maximum penalty is 5 years imprisonment.

(g)Count 7: Murder (CC2018/3162) contrary to s 12 of the Crimes Act. The maximum…

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Details
Case
[2019] ACTSC 286
Decision Date

CaseChat Overview and Summary

The respondents, Forster-Jones and another, were charged with various offences including murder, kidnapping, deprivation of liberty, and unlawful possession of firearms. The court was required to consider the appropriate sentence for the respondents following their pleas of guilty to the charges. The central legal issue before the court was whether the cumulative effect of the offences warranted a life sentence for both respondents. The respondents argued for a non-parole period, while the Crown sought life sentences for both. The court considered the nature and severity of the offences, the culpability of the respondents, and the principles of sentencing. It was noted that the offences were severe and the respondents had demonstrated a high level of culpability. The court found that the appropriate sentence was a life sentence for both respondents, with a non-parole period of 28 years. The court held that the cumulative effect of the offences warranted a severe sentence, reflecting the gravity of the crimes committed. The final orders of the court were that both respondents be sentenced to life imprisonment, with a non-parole period of 28 years.

Orders

Orders of the court

See [36]

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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