Bordley v WA

[2014] WASCA 18

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Application for leave to appeal against sentence
4. › Manifest excess
5. › Wilfully lighting a fire
6. › Early plea of guilty
7. › Substantial criminal record
8. › High risk of re-offending
9. › Acute psychotic episode largely self-induced
10. › Whether sentence of 22 months' imprisonment manifestly excessive
11. › Bush Fires Act 1954 (WA), s 32(2)(a)

Quick Take

A sentence of 22 months' imprisonment for a single count of wilfully lighting a fire under s 32(2)(a) of the Bush Fires Act 1954 (WA) was upheld where the offender had a significant criminal record, high risk of re-offending, and limited mitigation from a largely self-induced psychotic episode, notwithstanding an early guilty plea attracting a 25% discount. The proximity of fires to emergency services is not mitigatory but may be aggravating. The increase in the maximum penalty from 14 to 20 years by the Arson Legislation Amendment Act 2009 (WA) is relevant to the assessment of comparable sentences imposed under the earlier regime.