R. v. Forster

R. v. Forster

Balancing the aggravating circumstances (massive, frenzied, protracted violence, helpless victim, attempt to flee) against mitigating factors (guilty plea, lack of record, difficult background and rehabilitation prospects) ousts the 10-year minimum under s.745.4 and justifies a 12-year parole ineligibility period...

Source-derived case information.

Citation
2012 BCSC 1682
Parties
Prosecution: Regina (The Crown); Accused: Thomas Roy Forster
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 October 2012
Procedural Posture
Criminal: Second Degree Murder / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to life imprisonment with parole ineligibility for 12 years
Legal Topics
Parole Ineligibility, Life Imprisonment, Aggravating and Mitigating Factors, Guilty Plea, Transgender Offender Considerations
Source Language
english
Criminal Law Sentencing Parole Ineligibility Life Imprisonment Aggravating and Mitigating Factors Guilty Plea Transgender Offender Considerations

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Parties

Regina (The Crown)

Prosecution

Thomas Roy Forster

Accused

Procedural Posture

Criminal: Second Degree Murder / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether the 10-year minimum parole ineligibility under s.745.4 should be increased
  2. 2 Proper weighting of aggravating factors (extreme violence, victim helplessness, attempt to flee) against mitigating factors (guilty plea, lack of record, background and rehabilitation prospects)
  3. 3 Application of s.745.4 and parity under s.718.2(b)

Ratio Decidendi

Balancing the aggravating circumstances (massive, frenzied, protracted violence, helpless victim, attempt to flee) against mitigating factors (guilty plea, lack of record, difficult background and rehabilitation prospects) ousts the 10-year minimum under s.745.4 and justifies a 12-year parole ineligibility period for second degree murder.

Court Disposition

Accused sentenced to life imprisonment with parole ineligibility for 12 years

Orders

  • Sentence of life imprisonment with 12 years parole ineligibility from date of arrest
  • Order under Criminal Code s.487.051(1) for reasonable samples of bodily substances for DNA analysis