Arson 101 Flashcards
Section 267(2)(a)
Elements:
Intentionally (or) recklessly
And without claim of right
Damages by fire (or) by means of explosive
Any property (other than what is listed in 267(1)) in which the person has no interest
Intentionally:
Intent to commit the act and get specific result.
R v collister: words and actions of the offender at time of/before/after, nature of offence and surrounding circumstances show intent.
Recklessness:
Cameron v R: defendant recognised that actions would bring about a prescribed result, circumstances existed, and having regard to that risk, those actions were unreasonable.
R v Tipple: a deliberate decision to run the risk
RTS
Without claim of right:
A belief at the time of act to proprietary or possessory right to the property - s2 CA 61.
Damages by fire:
Burning/charring, doesn’t have to be set alight.
R v Archer: Property may be damaged if it suffers permanent or temporary harm or permanent or temporary impairment to its use or value.
Damages by means of explosive:
Substance or mixture or combination of substances capable of decomposition at such a rapid rate that results in an explosion.
RTS
Property:
Property s2 CA 61 - real and personal property, any estate, or interest. (That is not covered under 267(1)
RTS
In which that person has no interest:
Person: accepted by CE and JN
Interest:
R v Wilson: tenancy of a property can mean interest.
267(2)(b)
Elements:
Intentionally (or) recklessly
Damages by fire (or) by means of explosives
Any property (other than listed under 267(1)
With intent to gain benefit or cause loss to any person
Intentionally:
Intent to commit the act and get specific result.
R v collister: words and actions of the offender at time of/before/after, nature of offence and surrounding circumstances show intent.
Recklessness:
Cameron v R: defendant recognised that actions would bring about a prescribed result, circumstances existed, and having regard to that risk, those actions were unreasonable.
R v Tipple: a deliberate decision to run the risk
RTS
Recklessness:
Cameron v R: defendant recognised that actions would bring about a prescribed result, circumstances existed, and having regard to that risk, those actions were unreasonable.
R v Tipple: a deliberate decision to run the risk
RTS
Damages by fire:
Burning/charring, doesn’t have to be set alight.
R v Archer: Property may be damaged if it suffers permanent or temporary harm or permanent or temporary impairment to its use or value.
Damages by means of explosive:
Substance or mixture or combination of substances capable of decomposition at such a rapid rate that results in an explosion.
RTS
Any Property: (other than what is listed under 267(1)
Property s2 CA 61 - real and personal property, any estate, or interest.
RTS
In order to obtain benefit (or) cause loss to any other person:
Benefit: receiving pecuniary advantage, property, services or valuable consideration
Cause loss: financial detriment.
R v Morley: loss is assessed by the extent to which the compliments position has been diminished or impaired.
Person: aspected by JN/CE
RTS
267(3)
Elements:
Intentionally
Damages by fire (or) by means of explosives
Any property
With reckless disregard for the safety of any other property
Intentionally:
Intentionally:
Intent to commit the act and get specific result.
R v collister: words and actions of the offender at time of/before/after, nature of offence and surrounding circumstances show intent.
RTS
Damages by fire:
Burning/charring, doesn’t have to be set alight.
R v Archer: Property may be damaged if it suffers permanent or temporary harm or permanent or temporary impairment to its use or value.
Damages by means of explosive:
Substance or mixture or combination of substances capable of decomposition at such a rapid rate that results in an explosion.
RTS
Any Property: (other than what is listed under 267(1)
Property s2 CA 61 - real and personal property, any estate, or interest.
RTS
With reckless disregard for the safety of any other property:
Cameron v R: defendant recognised that there was a real possibility that his actions may bring about proscribed and/or proscribed circumstances existed and having regard to that risk their actions were unreasonable.
R v tipple: deliberate decision to run the risk
Defendant consciously and deliberately ran a risk and the risk was unreasonable to take in the circumstances as they were known to the defendant.
Any other property (other than what was intentionally damaged by fire/explosive by defendant.
S268 Crimes Act 61
Attempted arson
Elements
Every one
Attempts to commit arson
In respect of any immovable property, vehicle, ship, aircraft
Every one
Person JN/CE
Attempts Arson:
Attempts: 72 CA 61 - having intent to commit an offence, does or omits an act for the purpose of accomplishing his objective -
takes a real and substantial step towards achieving their aim.
Must have progressed past the stage of preparation.
R v Harper: the court may view the defendants actions in its entirety as a cumulatively up to the point of when the conduct in question stops.
In respect of any immovable property/vehicle/ship/aricraft
Immovable property: something that is fixed in place, e,g a house - generally of higher value
Property: s2 CA a real and personal property, and any estate or interest in any real personal property, and any debt and any thing in action, and any other right or interest.
Vehicle: on wheel/tracks/revolving runners on which it moves
Ship: vessel used for navigation, however propelled
Aircraft: machine that derives support from the atmosphere from the reactions of air against the surface of the earth.
RTS
S269(1) - intentional damage
Elements:
Intentionally or recklessly
Destroys or damages
Any property
If he or she knows OR ought to know that danger to life is likely to ensue
Intentionally:
Intent to commit the act and get specific result
R v Collister: words and actions at the time of/before/after nature of offence and circumstances show intent
Recklessly:
Cameron v R: Actons would bring about a proscribed result, circumstances existed and actions were unreasonable given the risk.
R v Tipple: deliberate decision to run the risk.
Destroys:
??
Damages:
R v Archer: property may be damaged if it suffers permanent or temporary physical harm, or permanent or temporary impairment to its use or value.
Any property:
A real and personal property, any estate or interest s2 CA61.
If he knows OR ought to know danger to life is likely to ensue:
Knowing: awareness of the truth
Semester and brookbanks: belief must be correct.
Danger to life:
Danger must be someone else’s life and is human.
269(2)(a) - Intentional damage
Elements:
Intentionally OR Recklessly
And without claim of right
Destroys OR Damages
Any property in which that person has no interest
Intentionally
Intent to commit the act and get a specific result
R v collister: words and actions at the time of/before/after, nature of offence and surrounding circumstances show intent.
Recklessly:
Cameron v r: actions would bring prescribed result, circumstances existed and actions were unreasonable.
R v tipple: deliberate decision to run the risk.
Without claim of right:
No belief at the time of act of pecuniary or possessory right to the property s2 CA61
Damages or destroys
R v archer: property is damaged if it has permanent or temporary physical harm, or permanent or temporary impairment to its value or use.
Any property:
Property: real and personal property, any estate or interest.
In which that person has no interest:
Person JN/CE
R v Wilson: tenancy of a property can mean interest.
269(2)(b) - Intentional damage
Elements:
Intentionally OR Recklessly
And without claim of right
Damages OR Destroys
Any property
With intent to obtain any benefit or cause any loss to any person
Intentionally
Intent to commit the act and get specific result
R v collister: words and actions at the time of/before/after, nature of the offence and surrounding circumstances prove intent.
Recklessness:
Cameron v R: actions would bring proscribed result, circumstances existed, and actions were unreasonable given the risk.
R v Tipple: deliberate decision to run the risk.
And without claim of right:
No belief at the time of the act to pecuniary or possessory right to the property.
Damages or destroys:
R v archer: if property suffers permanent or temporary physical harm, or any permanent or temporary impairment to its use or value.
Any property:
S2 CA61: real and personal property, any estate or interest.
With intent to obtain any benefit:
Receiving pecuniary advantages. Property, service, or valuable consideration.
Loss to any other person:
Financial detriment
R v Morley: loss is assessed by the extent to which the compliments position has been diminished or impaired.
Person:
Accepted by JN/CE
269(3) - Intentional damage
Elements:
Intentionally
Destroys OR Damages
Any property
With reckless disregard for the safety of any other property
Intentionally:
Intent to commit the act to get the specific result
R v collister: words and actions at the time of/before/after, nature of the offence and surrounding circumstances prove intent.
Damages or destroys
R v archer: property if it suffers permanent or temporary physical harm or permanent or temporary impairment to its value or use.
Any property:
S2 CA61: any real and personal property, any estate or interest.
With reckless disregard for the safety of any other property.
Recklessness
Cameron v r: actions would bring about a proscribed result, circumstances existed, and actions were unreasonable given the risk
Other property
272 - providing explosive to commit an offence
Elements:
Knowingly has in huis possession OR Makes
Any explosive substance or dangerous engine, instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, or thing or instrument to commit an offence.
Pending breakdown
R v harney
Racelessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk
Cameron v R
Recklessness established if:
The defendant recognised there was a real possibility that his actions would bring about a proscribed result and the proscribed circumstances existed. And having regard to that risk those actions were unreasonable.
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
R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
R v Wilson
Tenancy of a property can mean interest
What powers may police exercise if called upon to do so by the member of the fire service in charge of the fire and what section
Section 32(2) of the fire service act 1975
CAUTION - Police have no right to exercise these powers simply because they are present at a fire
Under s28 a person in charge of a fire has these powers under 28 of fire service act 75:
- enter a private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
- close roads
- remove vehicles impeding the fire service. If necessary, they can break into vehicles for this purpose.
Remove people who are in danger or interfering with operations, using reasonable force if necessary.
- do anything else that is reasonably necessary for the protection of life and property.
What responsibilities do FILO’s have - fire investigation liaison officer
- attending every fire that results in serious injury or death
- co-ordinating fire investigators in their designated area or district\
- arranging Police attendance at fire scenes when required
- maintaining effective working relationships with relevant fire service investigation liaison officers (FSILO)
- assisting areas or districts with fire-investigation related inquiries
- co-ordinating fire investigation training for nay police employees within the area or district, where needed.
- providing other advice and expertise as required.
Fire scene safety - injuries through haszards
What are the most common hazards people receive injuries from at a fire scene
- inhalation of toxic substances e.g car fires emit particularly toxic and harmful gasses
- ingestion of particles
- cuts/wounds on sharp objects
- air borne dust particles
- tripping on fire debris
- falling down or over, onto or into any obstructions or cavities
- items from above falling onto you or hitting objects and causing a chain reaction.
Fire scene safety - injuries through hazards -
What do you do to identify the best method of protection from common hazards at a fire scene
- an assessment of each of the common hazards
- a strategy to prevent an occurrence or to mitigate its impact.
Common methods of setting fires
- most common methods is setting fire to readily available combustible material - eg rubbish
- candles - candle left to burn down into a pile of easily combustible material - traces of wax and wick may be evidence of this.
- chemical igniters - potassium permanganate, sugar and glycerine - safest and best known chemical igniter.
Mixed in container and surrounded by kindling. The mixture leaves a greenish, Coca Cola like residue. If it’s dampened, it may show the purple that is characteristic of condys crystals. Some traces of container should remain, even if it was of cardboard only - electrical apparatus
- electric matches
- matches and cigarette
- Molotov cocktails
Non-intentional causes of fire
- Carelessness - misusing electricity, burning off paint, ironing, burning rubbish, setting off fireworks, leaving stove or heater on
- faults - chimneys and flues, heating systems, appliances, tv’s left on standby mode, dust extractors, electrical wiring, gas and pipe fittings
- nature - chemical reactions, sun rays, lighting, static electricity, rodents eating through wires, spontaneous combustion
What to do if a fire can be shown to have non-intentional cause
Further investigation is not required by Police, unless there has been a fatality and an investigation into the death is then required by the coroner.
Aspects of fire examination - what is the procedure on arrival
1 - briefly interview your informant (not overlook the fact that they may be the offender)
2 - secure and control the scene
3 - initial interview of the: specialist fire investigator (if present) and O/C of the first fire appliance to attend the scene
4 - interview the incident controller at the scene
5 - if fire extinguished, ensure safety of the scene before an initial conference is held with the specialist fire investigator, Police and conduct a preliminary examination of the scene
6 - if deemed suspicious, regroup and hold a briefing conference
7 - confer with staff to determine plan of action (guard/scene control, identify and interview witnesses at the scene, conduct local inquiries
8 - contact comms and supply sitrep, ask for assistance if necessary, such as specialist fire investigator, FILO, Photog, and F/P techs
What to interview the incident controller at the scene about:
- T/D/P of the call and the manner in which it was received
- what appliances attended
- state of fire when FENZ arrived
- what action has FENZ taken, particularly in entering the building and ventilating the fire
- what information the FENZ staff has about the building security
- what alterations they have made at the scene, e.g forcing entry through doors
- whether they think the fire is suspicious and why
- their opinion on the informant
- details of people or vehicles acting weird in the vicinity
Interviewing witnesses at the scene - important to gain knowledge about the sequence of events before, during and after the fire that may have bearing on the investigation
Interview witnesses including:
- the persons who found the fire, raised the alarm and informed police or FENZ
- fire fighters
- occupants and their visitors
- employees, including cleaners and casual staff
- owners
- neighbours
- spectators
- passers-by
- local Police
- patrols
- other Police and security staff
- vendors and delivery people
- reporters and photographers
Ask about suspects and/or other peoples movements and people who have left the scene. Also consider sourcing media footage to identify persons at the scene
