Yeah, that is a key rule, but I don't think that that is the source of the problem. It's true that if Smith ought to murder Jones gently, that Smith ought to murder Jones.
That's not the only way of encoding the "if you murder, you ought to murder gently" sentence into deontic logic though. It's not even the one Forrester himself uses. Forrester encodes it as "Smith murders Jones" implies "Smith ought to murder Jones gently", which then suggests that in any case that Smith
does murder Jones, that is the
right thing to do (provided he did so gently). That no murder is ever wrong, so long as it's happens, and it's gentle. If it's not gentle then it's wrong,
and if it doesn't happen, then it's wrong. That's the weird thing about Forrester's encoding.
An alternative encoding, which I prefer, is to take the entire conditional "if Smith murders Jones then Smith murders Jones gently" and say that
that whole thing is obligatory: it's not that there's an obligation that holds in the case of certain facts, it's that there's a conditional relationship between obligations. It's only if you
ought to murder than you ought to murder gently, not just if you
do murder.
The usual objection to that solution is that "if P then Q" is logically equivalent to "Q or not P", so obliging "if Smith murders Jones then Smith murders Jones gently" is equivalent to obliging "Smith murders Jones gently or Smith doesn't murder Jones" (which is fine by me so far), and therefore "Smith murders Jones gently" satisfies the obligation: so long as you murder gently, you've still done the right thing.
My retort to that is, as you brought up, the background assumption that you ought to not murder at all. That assumption is the only thing that makes "you ought to murder gently" (and therefore you ought to murder in the first place) sound like an absurd conclusion. But given that assumption, one of the disjuncts of "Smith ought to murder Jones gently or Smith ought to not murder" is ruled out, and the other affirmed: it is not the case that Smith ought to murder Jones gently, because it is not the case that Smith ought to murder Jones, which means it must instead be the case that Smith ought to not murder, which... yeah, he oughtn't. No problem.
To put it another way, "it ought to be that (if you murder then you murder gently)" is also logically equivalent to "it ought to be that (you don't murder un-gently)", which is true if it ought to be that you don't murder at all, which we presume is the case. So there is no problem with this encoding of the sentence in question.
Interestingly enough this circles back around to the same thing at issue in the "Everything, Something, Nothing" thread. If it ought to be that all murders are gentle, that doesn't imply that there ought to be any murders, because "all murders are gentle" is true when there are no murders at all.