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DDP Arson Module > 1. Arson > Flashcards

1. Arson Flashcards

1
Q

What are the elements of section 267(1)(a) of the Crimes Act 1961?

A
  • Intentionally or recklessly
  • damages by fire or by means of any explosive
  • any property
  • if he or she knows or ought to know that danger to life is likely to ensue
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2
Q

What is the penalty for offences related to section 267(1) of the Crimes Act 1961?

A

maximum of 14 years imprisonment

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3
Q

What are the elements of section 267(1)(b) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • and without claim of right
  • damages by fire or by means of explosive
  • any immovable property, or any vehicle, ship or aircraft
  • in which that person has no interest.
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4
Q

What are the elements of section 267(1)(c) of the Crimes Act 1961?

A
  • intentionally
  • damages by fire or means of explosive
  • any immovable property, or any vehicle, ship or aircraft,
  • with intent to obtain any benefit or to cause loss to any other person
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5
Q

What are the elements of section 267(2)(a) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • and without claim of right
  • damages by fire or means of any explosive
  • any property
  • in which that person has no interest
  • other than the property referred to in subsection (1)
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6
Q

What are the elements of section 267(2)(b) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • damages by fire or means of any explosive
  • any property
  • other that the property referred to in subsection (1)
  • with intent to obtain any benefit or cause any loss
  • to any other person
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7
Q

What is the penalty for offences related to section 267(2) of the Crimes Act 1961?

A

maximum of 7 years imprisonment

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8
Q

What are the elements of section 267(3) of the Crimes Act 1961?

A
  • Intentionally
  • damages by fire or means of any explosive
  • any property
  • with reckless disregard for the safety of any other property
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9
Q

What is the penalty for section 267(3) of the crimes act 1961?

A

maximum of 5 years imprisonment

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10
Q

What is intent?

A

Intent is the intention to commit an act with the intention to get a specific result

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11
Q

What does benefit mean under section 267(4) of the Crimes Act 1961? BPPPSV

A

In this section and section 269, benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration

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12
Q

What does ‘R v Collister’ say about Intent?

A

Circumstantial evidence from which an offenders intent may be inferred can include:
- the offenders action and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself

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13
Q

What does acting ‘recklessly’ involve?

A

Acting ‘recklessly’ involves consciously and deliberately taking an unjustifiable risk.

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14
Q

What is said in ‘Cameron v R’ in regards to establishing recklessness? (EPRCU)

A

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

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15
Q

In ‘Cameron v R’ “a real possibility’ means substantively the same as what?

A

“a real possibility” means substantively the same as “could well happen”

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16
Q

What is an example of no social utility?

A

Russian Roulette or personal violence with a risk of serious injury or death

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17
Q

What is an example of high social utility?

A

A surgeon undertaking a risky but potentially lifesaving surgery

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18
Q

What must be shown to prove recklessness?

A

When recklessness is an element in an offence the following must be proved:
1. That the defendant consciously and deliberately ran a risk (a subjective test)
2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk)

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19
Q

What is the objective test that must be shown to prove recklessness?

A
  1. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant
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20
Q

What is the subjective test that must be shown to prove recklessness?

A

That the defendant consciously and deliberately ran a risk

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21
Q

What was held in ‘R v Archer’ regarding property damage?

A

Property may be damaged if it suffers:
- permanent or temporary physical harm or
- permanent or temporary impairment of its use or value

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22
Q

What are the three components required for fire to start or continue?

A

Fuel, Oxygen and Heat

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23
Q

What is an ‘Explosive’ under section 2 of the Arms Act 1983?

A

Explosive means
- any substance, mixture or composition of substances
- which in its normal state
- is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

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24
Q

What must a device, contrivance or article be to be considered an explosive?

A

an integral part of the explosive for the purpose of producing an explosion or a ballistic or pyrotechnic effect

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25
Q

What are 5 examples of Explosives under the Arms Act 1983?

A

Gunpowder,
Nitroglycerine,
dynamite,
detonators,
cartridges and ammunition of all descriptions

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26
Q

What is not included in the definition of explosives under the Arms Act 1983?

A
  • Firearms
  • Fireworks
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27
Q

When does the definition of explosives under Arms Act 1983 include a device, contrivance or articles?

A
  • when it uses any substance or mixture or combination of substances to which the definition of explosive applies and
  • is an integral part of the explosive for the purpose of producing an explosion or a ballistic or pyrotechnic effect
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28
Q

What is property under the Crimes Act 1961? R.P.D.O

A

Property includes:
- real and personal property and
- any estate or interest in any real or personal property, money, electricity and
- any debt and any thing in action and
- any other right or interest

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29
Q

What does ‘Life’ mean in ‘Danger to Life’ in Section 267(1)(a) of the Crimes Act 1961

A

“Life” in this context means human life and the danger must be to the life of someone other than the defendant

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30
Q

What does Simester and Brookbanks suggest about knowing?

A

Knowing means ‘knowing or correctly believing. The defendant may believe something wrongly but cannot ‘know’ something that is false’

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31
Q

In relation to the tests for ‘knows or ought to know’ what questions are asked for the subjective test?

A
  • what was the defendant thinking at the time?
  • Did the defendant know that human life was likely to be endangered by his actions?
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32
Q

In relation for the tests for ‘knows or ought to know’ what questions are asked for the objective test?

A
  • What would a reasonable person have thought in the same circumstances?
  • Would a reasonable person have recognised the risk?
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33
Q

Under the Crimes Act what is a claim of right?

A
  • A belief at the time of the act
  • in a proprietary or possessory right in property
  • in relation to which the offence is alleged to have been committed.
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34
Q

In relation to a claim of right what may the belief be based on?

A

the belief in a claim of right may be based on:
- ignorance or
- mistake of fact or
- of any matter of law other than the enactment which the offence is alleged to have been committed

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35
Q

In relation to a claim of right, what are the four beliefs required? POTD

A
  • First there must be a belief in a proprietary or possessory right in property
  • Secondly the belief must be about rights to the property in relation to which the offence is alleged to have been committed.
  • Thirdly the belief must be held at the time of the conduct alleged to constitute the offence.
  • Fourthly The belief must actually be held by the defendant.
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36
Q

In relation to claim of right does the defendant have to have a personal proprietary or possessory right in the property?

A

No, the definition of claim of right does not require the defendant to believe that he or she personally has the relevant possessory right.

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37
Q

In Hayes v R the court held that the belief is not required to be reasonable or be reasonably held. How may the reasonableness of the belief be relevant?

A

The reasonableness may be relevant in determining whether the defendants assertion of belief in credible.

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38
Q

When will property be considered ‘immovable’?

A

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

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39
Q

What is the definition of a vehicle under the Land Transport Act 1998?

A

A vehicle is a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

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40
Q

What is included under the definition of a vehicle under the Land Transport Act 1998?

A

A vehicle includes hovercrafts, skateboards, in-line skates and roller skates

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41
Q

What is not included under the definition of a vehicle under the Land Transport Act 1998?

A

A vehicle does not include:
- a perambulator or pushchair
- a shopping or sporting trundler not propelled by mechanical power
- A wheelbarrow or hand trolley
- A pedestrian controlled lawnmower
- A pedestrian-controlled agricultural machine not propelled by mechanical power.
- An article of furniture
- A wheelchair not propelled by mechanical power
- Any other contrivance specified by the rules not to be a vehicle for the purposes of this definition
- any rail vehicle

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42
Q

What is the definition of ship under the Crimes Act 1961?

A
  • Ship means every description of vessel used in navigation, however propelled;
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43
Q

What is included in the definition of a ship?

A
  • any barge, lighter, dinghy, raft or like vessel
  • also includes any ship belonging to or used as a ship of the armed forces of any country
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44
Q

What is the definition of Aircraft under the Crimes Act 1961?

A
  • Aircraft has the same meaning as in the Civil Aviation Act 1990 and
  • includes any aircraft for the time being used as an aircraft of the armed forces of any country other than New Zealand.
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45
Q

What is the definition of Aircraft under the Civil Aviation Act 1990?

A

Aircraft means:
- any machine
- that can derive support in the atmosphere from the reactions of the air
- otherwise that by the reactions of the air against the surface of the earth.

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46
Q

What has been held by the courts about “interest” and “tenancy”?

A

The courts have held that tenancy of a property constitutes an interest in it.

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47
Q

What is the definition of “Obtains” under the Crimes Act 1961?

A

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

48
Q

What was held in “R v Morley” in relation to “Loss”

A

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

49
Q

What was held in “R v Morley” in relation to direct and indirect loss?

A
  • The court of appeal reviewed the nature of loss and held that ciminality could only arise from direct loss.
  • indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included
50
Q

What is included in the definition of person under the Crimes Act 1961?

A
  • Real people
  • Companies and
  • Other organisations
51
Q

Why is it difficult to see how Parliament can have intended to include ‘recklessness’ under section 267(2)(b) of the crimes act?

A

Section 267(2)(b) requires that the offender has damaged property with intent to obtain a benefit or cause loss which follows that the offender caused the damage deliberately for that purpose. It seems inconsistent for a reckless act to intentionally cause loss or benefit.

52
Q

What is the title of section 268 of the Crimes Act 1961?

A

Attempted Arson

53
Q

What are the elements of attempted arson?

A
  • attempts to
  • commit arson
  • in respect of any immovable property or any vehicle, ship or aircraft
54
Q

What is the maximum penalty for attempted arson?

A

10 years imprisonment

55
Q

What is required for a person to be guilty of an attempt to commit an offence? (Intent & Steps)

A

The person must:
- Intent to commit the offence and
- take a real and substantial steps towards achieving that aim.

56
Q

What was held in ‘R v Harpur’?

A
  • The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops
  • the defendants conduct may be considered in its entirety
  • Considering how much remains to be done is always relevant, though not determinate.
57
Q

What is the title for section 72 of the Crimes Act 1961?

A

Attempts

58
Q

In relation to attempted arson what must the crown prove in relation to intent?

A
  • The crown must prove that the defendant intended to commit the full act of arson and
  • acted as he or she did for the purposes of achieving that aim.
59
Q

When is an attempt ‘sufficiently proximate’ to the offence? (prep & commence)

A
  • When the defendant has progressed past the stage of preparation and
  • commenced a process intended to lead to the commission of the full offence
60
Q

What will the court analyse to assess proximity in an attempt? (Conduct, intent & steps)

A
  • the defendants conduct at the relevant time
  • in conjunction with evidence of his intent based on the circumstances and
  • any steps taken leading up to that point
61
Q

What was held in ‘R v Harpur’? (stops, entirety, remains)

A
  • The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops
  • the defendants conduct may be considered in its entirety
  • Considering how much remains to be done is always relevant, though not determinate.
62
Q

When the courts referred to the American Model Penal Code what were examples of acts that may constitute an attempt?

A
  • lying in wait, searching for or following the contemplated victim
  • enticing the victim to go to the scene of the contemplated crime
  • reconnoitring the scene of the contemplated crime
  • unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be commited
  • possession, collection or fabrication of materials to be employed in the commission of the crime
  • soliciting an innocent agent to engage in conduct constituting an element of the crime
63
Q

What is the title of section 269 of the Crimes Act 1961?

A

Intentional Damage

64
Q

What are the elements of section 269(1) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • destroys or damages
  • any property
  • if he or she knows or ought to know that danger to life is likely to result
65
Q

What is the maximum penalty for section 269(1) of the Crimes Act 1961?

A

10 years imprisonment

66
Q

What are the elements of section 269(2)(a) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • and without claim of right
  • destroys or damages
  • any property
  • in which that person has no interest
67
Q

What are the elements of section 269(2)(b) of the Crimes Act 1961?

A
  • intentionally or recklessly
  • and without claim of right
  • destroys or damages
  • any property
  • with intent to obtain any benefit or with intent to cause loss to any other person
68
Q

What are the elements of section 269(3) of the Crimes Act 1961?

A
  • intentionally
  • destroys or damages
  • any property
  • with reckless disregard for the safety of any other property
69
Q

What is the maximum penalty for section 269(2) of the Crimes Act 1961?

A

7 years imprisonment

70
Q

What is the maximum penalty for section 269(2) of the Crimes Act 1961?

A

7 years imprisonment

71
Q

What are the elements of section 272 of the Crimes Act 1961?

A
  • 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
72
Q

In ‘R v Hallam’ what was held about ‘knowingly possessing an explosive substance’?

A

the crown must prove that:
- the offender knowingly had the the substance in his possession and
- also that he knew it to be an explosive substance

73
Q

What section is Intentional Damage (Danger to Life)?

A

Section 269(1) of the Crimes Act 1961

74
Q

What section is Intentional Damage (No Interest)?

A

Section 269(2)(a) of the Crimes Act 1961

75
Q

What section is Intentional Damage (Obtain Benefit/Cause Loss)?

A

Section 269(2)(b) of the Crimes Act 1961

76
Q

What section is Intentional Damage (reckless disregard for safety of other property)?

A

Section 269(3) of the Crimes Act 1961

77
Q

What section is attempts?

A

Section 72 of the Crimes Act 1961

78
Q

What section is attempted arson?

A

Section 268 of the Crimes Act 1961

79
Q

What section is Arson (Reckless disregard for the safety of other proeprty)?

A

Section 267(3) of the Crimes Act 1961

80
Q

What section is Arson (Obtain Benefit/Cause Loss)?

A

Section 267(2)(b) of the Crimes Act 1961

81
Q

What section is Arson (No Interest)?

A

Section 267(2)(a) of the Crimes Act 1961

82
Q

What section is Arson (Immovable Property, Obtain Benefit/Cause Loss)?

A

Section 267(1)(c) of the Crimes Act 1961

83
Q

What section is Arson (Immovable Property, No Interest)?

A

Section 267(1)(b) of the Crimes Act 1961

84
Q

What section is Arson (Danger to Life)?

A

Section 267(1)(a) of the Crimes Act 1961

85
Q

What two arson offences do NOT include recklessness as an element?

A
  • Section 267(1)(c) of the Crimes Act 1961 (Immovable Property, Obtain Benefit/Cause Loss)
  • Section 267(3) of the Crimes Act 1961 (Reckless Disregard for other Property)
86
Q

Fill in the blank:
Cameron v R held that Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) ***

A

having regard to that risk those actions were unreasonable

87
Q

Fill in the Blanks
Cameron v R held that Recklessness is established if:
(a) ***
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

A

the defendant recognised that there was a real possibility that:

88
Q

Fill in the blanks:
Cameron v R held that Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) *** and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

A

his or her actions would bring about the proscribed result;

89
Q

Fill in the Blanks:
Cameron v R held that Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) ******* and
(b) having regard to that risk those actions were unreasonable

A

that the proscribed circumstances existed;

90
Q

Fill in the blanks for R v Harpur:
- ****
- the defendants conduct may be considered in its entirety
- Considering how much remains to be done is always relevant, though not determinate.

A

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops

91
Q

Fill in the blanks for R v Harpur:
- The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops
- *******
- Considering how much remains to be done is always relevant, though not determinate.

A

the defendants conduct may be considered in its entirety

92
Q

Fill in the blanks for R v Harpur:
- The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops
- the defendants conduct may be considered in its entirety
- ****

A

Considering how much remains to be done is always relevant, though not determinate.

93
Q

While a fire is being fought all police present must co-operate with who?

A

The person in charge of the Fire Service at a fire, suspected fire or other emergency

94
Q

When will the fire service notify Police of a fire?

A
  • a fire results in serious injury or death
  • a fire is considered suspicious
95
Q

What is a FILO?

A

Fire Investigation Liaison Officer

96
Q

What are 5 responsibilities of a FILO?

A
  • attending every fire that results in death or serious injury
  • co-ordinating fire investigations in their designated area or district
  • arranging police attendance at fire scenes when required
  • maintaining effective working relationships with the relevant FSILO and Fire Service Specialist Fire Investigators
  • assisting areas or districts with fire investigation-related queries
97
Q

What is FSILO?

A

Fire Service Investigation Liaison officer

98
Q

What is a Specialist Fire Investigator?

A
  • An officer employed by FENZ who have received specialised training and assessment in fire investigation techniques.
  • They typically possess experience in firefighting and fire safety
99
Q

List 5 times when Specialist Fire Investigators be called to attend and investigate? FISSS

A
  • Fires were fatalities occur
  • fires where serious (life-threatening) fire-related injury has occurred
  • structure fires where the cause is suspicious or cannot be determined
  • significant fire spread across a property boundary
  • fires in buildings where built-in fire safety features have failed or not performed to known or expected standards
100
Q

How many Specialist Fire Investigators must attend a fire with a fire-related fatality or life-threatening injury

A

A minimum of two

101
Q

What are the two responsibilities of a FSILO?

A
  • arranging fire service specialist fire investigator attendance at fire scenes where requested by Police
  • Establishing and maintaining effective working relationships with relevant FILOs in the respective police district/areas
102
Q

What is the Polices responsibilities in a Fire Investigation?

A
  • Must conduct the criminal investigation or coronial enquiry
  • Must undertake responsibility for the protection, collection and recording of forensic evidence
103
Q

Who can collect and remove material from a fire scene?

A
  • Police
  • other agencies with the authority to remove items
104
Q

Who is responsible for the preservation, analysis and subsequent disposition of any materials removed from a fire scene?

A
  • Police
  • other agency with the appropriate authority to remove items
105
Q

What are five common injuries received at fire scenes?

A
  • inhalation of toxic substances
  • cut/wounds from sharp objects
  • airborne dusts, particles
  • tripping of fire debris
  • falling down, over, onto or into any obstructions or cavities.
106
Q

What are 5 items of protective clothing at a fire scene?

A
  • a suitable helmet
  • a pair of overalls
  • nose and mouth filter
  • gloves
  • safety glasses
107
Q

What are four fire scene risks?

A
  • Timber
  • Steel
  • Concrete
  • Masonry
108
Q

What are 5 common methods of starting fires?

A
  • Candles
  • Chemical Igniters
  • Electrical Apparatus
  • Electric matches
  • Molotov Cocktails
109
Q

What are 3 non-intentional causes of fire?

A
  • Carelessness
  • Faults
  • Nature
110
Q

What are 5 examples of carelessness that can cause fires?

A
  • Misusing electricity
  • Children playing with matches or cigarette lighters
  • burning off paint
  • welding and other industrial processes
  • leaving clothes near heating
111
Q

What are 5 examples of what faults that cause fires can occur in?

A
  • chimneys and flues
  • appliances
  • televisions
  • electrical wiring - shorting/arcing
  • gas pipes and fitting
112
Q

What are 5 examples of fire caused by nature?

A
  • chemical reactions
  • the suns rays
  • lightning
  • static electricity
  • rodents eating through wires or building nests out of flammable material
113
Q

What are the steps to be taken on arrival to a fire scene?

A
  • Briefly interview your informant
  • secure and control the scene
  • Initial interview of Specialist fire investigator and OC of the first fire appliance to attend the scene
  • Interview the incident controller
  • conduct a preliminary examination
  • if suspicious regroup and hold a briefing conference
  • Confer with staff and determine a plan of action
  • Contact ECC and supply a sitrep
114
Q

What are four scene security considerations for Police?

A
  • Ensuring the scene is not interfered with
  • exclusion and control of on-lookers, property owners and other interested parties
  • preserving evidence
  • preventing looting
115
Q

What are the initial actions on fires involving explosives?

A
  • Consider secondary devices. Do not handle or interfere with anything unfamiliar
  • Do not use transmitting devices
  • Evacuate the scene to at least 100m. Take personal possessions with them.
  • If IED located seek help of NZDF
  • SITREP to COMMS
116
Q

What are the characteristics of damage caused by explosives?

A
  • Cratering
  • spread of debris
  • shredding of materials
  • an overlay of dust
  • shrapnel marks

DDP Arson Module (1 decks)

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