A sentence of 4 years' imprisonment for criminal damage by fire of a stolen motor vehicle (to destroy forensic evidence) was manifestly excessive where the offence fell within the less serious category of arson offences, notwithstanding the increased maximum penalty of life imprisonment under the Arson Legislation Amendment Act 2009 (WA). Where appealable error is established in individual sentences, the court may receive evidence of post-sentencing cooperation with law enforcement agencies under s 41(4)(a) of the Criminal Appeals Act 2004 (WA) and take it into account on resentencing.
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