Following the enactment of s 41(4)(b) of the Criminal Appeals Act 2004 (WA), the double jeopardy principle no longer applies to prosecution appeals against sentence where the sentence dates after 27 April 2008; the principles applicable are the same House v The King principles that apply to offender appeals. Very serious cases of arson (motivated by revenge, destroying a residential dwelling, in a domestic violence context) attract sentences in the range of 4 to 7 years' imprisonment in pre-transitional terms, with general deterrence as the dominant sentencing consideration. Offences of arson and threat to kill occurring on different occasions should ordinarily attract cumulative sentences, subject to the totality principle.
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