Biruta v WA

[2019] WASCA 52

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. › Manifestly excessive sentence
5. › Criminal damage by fire (arson)
6. › Whether sentence of two years' immediate imprisonment manifestly excessive
7. › Criminal Code (WA), s 444
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences
5. › Whether total effective sentence of two years eight months infringed first limb of totality principle
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders
5. › Whether disparity between sentences of co-offenders justified by differences in culpability, age and mitigating factors
1. Criminal Law
2. › Sentencing
3. › Arson
4. › Sentencing range
5. › General deterrence as dominant sentencing factor
6. › Effect of increase in maximum penalty from 14 years to life imprisonment

Quick Take

The customary sentencing range for less serious arson offences (2 years to 3 years 4 months, established before the 2009 increase in maximum penalty to life imprisonment) remains a relevant reference point, but sentences should be expected to increase following the legislative increase. General deterrence remains the dominant sentencing factor for arson. Disparity between co-offenders' sentences is justified where one offender was the instigator and architect of the criminal plan and the other had the mitigating benefit of youth.