The sentencing ranges for arson identified in Bennett remain relevant as a general guide following the increase in the maximum penalty to life imprisonment under the Arson Legislation Amendment Act 2009 (WA), but must be considered in light of that increase. Sentences for arson are expected to increase, especially for the types of arson that prompted the legislative change, but an increase will not necessarily follow in every case. A sentence of 2 years' immediate imprisonment for arson of a motor vehicle parked near an occupied house, committed by a person of good character with significant mitigating factors, was held to be lenient but within the range properly open to the sentencing judge.
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