McLAUGHLIN v WA

(2012) 224 A Crim R 134; [2012] WASCA 204

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple offences including arson and domestic violence
1. Criminal Law
2. › Sentencing
3. › Arson
4. › Sentencing patterns
5. › Impact of increase in maximum penalty
6. › Arson Legislation Amendment Act 2009 (WA)
7. › Criminal Code (WA), s 444(1)(a)
1. Criminal Law
2. › Sentencing
3. › Maximum penalties
4. › Impact of legislative increase in maximum penalty on sentencing patterns
5. › Whether increase indicates sentences should be increased

Quick Take

The increase in the maximum penalty for arson under s 444(1)(a) of the Criminal Code (WA) from 14 years to life imprisonment by the Arson Legislation Amendment Act 2009 (WA) is an indication that sentences for arson should be increased. New sentencing patterns have not yet been established following the amendment. The pre-existing sentencing ranges (2 years 8 months to 4 years 8 months in transitional terms for very serious cases) provide general guidance but do not establish a sentencing matrix or fix upper or lower limits.