R v Christopher Forbes (CR 63 of 2016) [2020] TCASC 29 (11 November 2020)

Flynote

Criminal law

Case summary

Having carefully considered the circumstances of the offences and the offender I have determined that there are no extenuating circumstances exceptional in nature to reduce the term to one below the starting point. The sentence of the court is therefore life imprisonment with a whole life term of incarceration concurrent on each count. In applying the requirements of the law to the unchallenged facts of this case I have determined that the following circumstances are present: (a) The murder of two persons, (b) substantial degree of premeditation and planning, and (3) sexual and sadistic conduct in relation to both due to the nature of the injuries suffered by the victims [45]. There is a preponderance of evidence to support the inference both of sexual and sadistic conduct in each of the murders, to the requisite standard as outlined in R v Davis. Having made that determination, the appropriate starting point is a whole life sentence. This starting point may be adjusted to a lesser period of incarceration, if there are extenuating circumstances exceptional in nature to justify same, I have looked at the case as a whole to determine if there are any. The mitigating factors may include but are not limited to the following (a) an intention to cause serious bodily harm rather than to kill, (b) lack of premeditation, (c) the offender is suffering from a mental disorder or mental disability which lowered his degree of culpability, (d) the fact the offender was provoked, (e) the fact the offender acted to an extend in self- defence or in fear of violence (f) a belief by the offender that me murder was an act of mercy and  (g) the age of the offender [46]. While the age of the offender gave this court momentary pause, it cannot be said to be an extenuating circumstance exceptional in nature. In R v. Ramon and Douglas, a persuasive authority from the Cayman Islands Court of Appeal considered: “as to extenuating circumstances, what is important is not how often such circumstances may occur but their weight is so exceptional as to justify the imposition of a lower period” [47].  

---