012 Flashcards
When must the fire service report a fire to police?
.
When a fire service attend a fire that results in: Serious Injury (Or) Death (Or) Fire service consider suspicious
What should you look for at a scene involving explosives?
COSSSS Cratering Overlay of dust Spread of debris Smell particular to exploded material (almonds) Shredding of material Shrapnel marks
What enquiries should you carry out with insurance companies following a fire?
(PICTD)
To contact and promptly obtain: (PICTD)
Particulars of the insurance – (Premises and contents)
Info on any prior claims
Copies of policies
The service of assessor – (value of building and damage)
Details of any recent increases in cover
(These may indicate motive)
(Insurance Council NZ can provide information if suspected that building is insured by multiple companies)
Initial action: First people to interview?
1 Briefly interview INFORMANT do not overlook they maybe offender
2 Initial interview of FIRE SERVICE INSPECTOR if present or OC FIRST FIRE APPLIANCE to attend
3 THE INCIDENT CONTROLLER at scene
When speaking to fire incident controller what must you ask them?
FAMASSIVE
F Fire state - what was the state of the fire on arrival
A Appliances - Which appliances attended
M Manner – Time, date & manner of the call received
A Alterations to the scene – forced windows/doors
S Security – what information does the Fire Service have on the building
S Suspicious – is the fire suspicious and why
I Informant – what is the Fire Services opinion of the informant
V Vehicle or people – details of vehicles or people acting suspiciously in the area
E Entered – what actions have the fire service done, particularly in entering & venting the building after the fire
Under which circumstances can a person be held criminally liable for recklessness with regard to fires?
(When are you not legally allowed to set fires)
If they know or ought to know that danger to life is likely to ensure
If they have NO INTEREST in the property destroyed
If they know that the fire is likely to Damage or Destroy someone else’s property as a consequence.
Guarding and controlling the scene?
Fire extinguished & attending police be aware of
(WOOD PILE)
(Attending police be aware of)
W Watch – Be vigilant & watch for suspects
O Onlookers – Locate witnesses among onlookers & passersby
O O/C Investigation – Report all matters of significance to the O/C Investigation and/or scene coordinator
D Damage – Prevent further fire damage from hot spots. Be aware of re ignition from hot spots.
P Preserve - Evidence/exhibits
I Interfering – Avoid interfering with the scene
L Looting – Prevent looting
E Exclude – Exclude & control onlookers, property owners & other interested parties
What 8 initial action steps must you take when dealing with fires not involving explosives?
(IS FISH PC)
1) Informant – Briefly interview informant (Consider if offender)
2) Scene – secured and controlled
3) Fire Investigator – Initial interview of Specialist Fire Investigator or O/C of the first appliance to attend
4) Incident controller – Interview the incident controller at the scene
5) Safety of the scene – Is the fire extinguished? Safety of the scene – conference with scene fire inspector + police (prelim exam)
6) Hold a briefing conference – Regroup and hold a briefing if deemed suspicious
7) Plan of action – Deploy staff – guard control scene – ID & interview witnesses – Conduct area enquires.
8) Contact Comm’s – SITREP – Assistance and specialists (Photos, fingerprints, SOCO)
What should be done following a scene examination conference?
Record all decisions and why they were made
All considerations must be documented with a detailed Plan of Action completed that has been agreed upon.
A risk assessment must be documented and relayed to all persons present.
(Both Moral and legal obligation for the safety of all person at the scene)
With regard to fire scene safety, in order to identify the best method of protection, you must consider?
An assessment of all hazards present at the scene.
Eg, inhaling toxic substances
Cuts / wounds on sharp objects
Tripping on fire debris
Objects falling from above
A strategy to prevent an occurrence from happening or mitigate its impact.
When preserving a fire scene, what THREE steps should be taken by a scene guard on arrival?
1) ID the centre of the scene
2) Set boundaries and tape off the scene, located most obvious evidence furthers away from the scene
3) In larger scenes natural boundaries could be used to dictate zones.
What is the legislation around providing explosives to commit an offence?
Providing explosives to commit an offence
Section 272 Crimes Act 1961
Not exceeding 2 years imprisonment
Knowingly has in his or her possession
Or makes any explosive substance
Or any dangerous engine, instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument or Thing.
To commit an offence
Definitions ‘Interest’?
Interest in not defined by legislation,
However the courts have held that tenancy of a property constitutes as an interest in it.
When conducting a prelim internal exam of a fire scene, where should you start?
The area of the least damage, working towards the area of the most damage
Definition: Intent?
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.
What is a clean path method when identifying explosives?
When a path is created to the centre of the scene by rolling clean unused rolls of plastic or using stepping plates
AND, having an analyst immediately start swabbing the area working outwards from the seat.
VERTICAL sheets of iron adjacent are often good sources of residue.
Why would a clean path method be used?
Why would it be used?
Used for explosive scenes as residues are often slight and dissipate rapidly.
OC Scene may need to authorise an expert to enter the centre of the scene before it has been fully examined.
Definition: And without claim of right
Sec 2 Crimes Act 1961
In relation to any act
Means a belief at the time of the act
In a proprietary and possessory right to property
In relation to which the alleged offence to have been committed
Although that belief may be based on ignorance
Or Mistake of fact
Or any matter of law
Other the enactment against which the
Offence is alleged to have been committed
Definition: Damages by Fire
and case law
Although fire damage will often involve ‘burning or charring’
It is not necessary for the actual property to be set alight:
Melting/blistering of paint or significant smoke damage may be sufficient
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm ‘or’
Permanent or temporary impairment of its use or value.
Definition: Explosive
Section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Included gun powder, gelignite, detonators.
DOES NOT include: Firearms and fireworks
Definition: Immovable property
Property that is currently fixed in place and unable to be moved,
Even though it may be possible to make it moveable.
Definition: Property
Section 2 Crimes Act 1961
Property includes any real or personal property and,
Any estate or interest in any real or personal property,
Money, electricity and any debt,
And anything that is in action
And any other right or interest
Definition: Vehicle
Sec 2 LTA 1998
Vehicle:
Contrivance equipped with wheels, tracks and revolving runners on which it moves or is moved
Definition: Ship
Sec 2, Crimes Act 1961
Ship:
Vessel used in navigation, however propelled
Definition: Aircraft
Sec 2 Civil Aviation Act 1990
Aircraft:
Any machine that can derive support in the atmosphere from the reactions of air.
Definition: Ought to know that danger to like is likely to ensue
Life in this context means human life,
AND the danger must be to the life of someone other than the defendant.
Definition: Recklessly
Reckless means the conscious and deliberate taking of an unjustified risk.
In NZ it involves proof that the consequences complained of could have well happened,
Together with an intention to continue the course of conduct regardless of the risk.
R v Harney
Definition: If he or she knows
Knowing means knowing or correctly believing.
The defendant may believe something wrongly, but cannot know something that is false.
Simester and Brookbanks ‘Principles of Criminal law’
Definition: Obtain
Sec 217, Crimes Act 1961
Obtain
Means to obtain or retain for himself, herself or any other person
Sec 217, Crimes Act 1961
Definition: Benefit
(Section 267(4) Crimes Act 1961)
Benefit
Any benefit, pecuniary advantage, valuable consideration, property, service or privilege
Definition: ‘R v Morley’
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
R v Morley
