Arson

Question 1

Damages by fire

Answer 1

Damages by fire - although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may he sufficient

Question 2

R v Archer

Answer 2

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

(Fire)

Question 3

R v Tipple

Answer 3

Requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Recklessness

Question 4

Cameron v R

Answer 4

Recklessness is established if:

A) The Defendant recognised that there was a real possibility that their actions would bring the proscribed result and the circumstances existed.
B) having regard to that risk, their actions were unreasonable.

Recklessness

Question 5

Immovable Property

Answer 5

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

Question 6

Property

Answer 6

Property is defined under section 2 of the Crimes Act 1961 as real and tangible property.

Question 7

Knows or ought to know that danger to life is likely to ensue

Answer 7

Knowledge

Knowing means “knowing or correctly believing” the belief must be a correct one, where the belief is wrong a person cannot know something
Simester and brookbanks

Ought to know

Objective test - would a reasonable person have recognised the risk.

Life

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

Question 8

Attempted arson

Answer 8

Section 268 Crimes Act 1961

Must

• intend to commit the offence (damage by fire)
• take a real and substantial step towards achieving that aim (perform and act sufficiently proximate to the full offence).

Question 9

Vehicle

Answer 9

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

Question 10

Intent

Answer 10

There must be an intention to commit the act and to get a specific result. The act must be done deliberately.

Intent can be inferred from

• offenders actions before, during, after event.
• the surrounding circumstances.
• the nature of the act itself.

Question 11

Example of intent

Answer 11

X intended to commit a specific act (lighting the paper with a match) with an intent to get a specific result (damage the building by fire).

Question 12

Claim of right

Answer 12

In relation to any act, means 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.

Belief must actually be held by the Defendant and can be based on ignorance, mistake of fact, mistake of any other enactment.

Can be belief in someone else’s rights in the property.

Question 13

Intent to obtain any benefit

Answer 13

Intent - an intention to commit the act and secondly, an intention to get a specific result.

Obtain - means to obtain or retain for himself/herself or any other person.

Benefit - any benefit. Pecuinary advantage, privilege, property, service or valuable consideration.

Question 14

R v Morley

Answer 14

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

It is not necessary that the victims loss results in any benefit to the offender.

Question 15

Intent to produce a result

Answer 15

Intent to produce a specific result. In this context, result means “aim, object, or purpose”.

Question 16

Likely to ensue

Answer 16

Where an ordinary prudent individual would have known that there was a likely risk to life as a result of his or her actions, this will suffice to meet the mental requirement of “ought to know”.

Question 17

Benefit

Answer 17

Benefit is said to mean any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 18

Subjective and objective test for recklessness

Answer 18

Part A of the Cameron test is completely subjective. It merely requires that the defendant has recognised the risk as being possible. The defendant does not need to consider the risk significant.

Part B is broken down as “whether a reasonable and prudent person would have taken the risk”.

Question 19

Proving recklessness

Answer 19

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).

Question 20

Fire defined

Answer 20

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.

Question 21

Explosive defined

Answer 21

The term explosive is defined under section 2 of the Arms Act 1983.

Explosive means any substance/mixture/combination of substances which in its normal state is capable of decomposition at such a rapid rate to result in an explosion/producing a pyrotechnic effect. This includes gunpowder, flares, ammunition, cartridges but excludes fireworks.

Question 22

Ship defined

Answer 22

Every vessel used in navigation however propelled. Includes a barge, lighter, dinghy, raft, vessel. Includes any ship used by a countries Armed Forces.

Question 23

Aircraft defined

Answer 23

Aircraft is defined under section 2 of the civil aviation act 1990. It is a machine that can derive support in the atmosphere from reactions of the air.

Question 24

Person defined

Answer 24

A person is gender neutral and proven by judicial notice or circumstantial evidence.

A person includes the crown, public body, authority, board, society, company, other body of persons whether Incorporated or not.

Question 25

Benefit defined

Answer 25

Any benefit, pecuniary advantage, privilege, property, service, valuable consideration. Includes damaging own property to get a benefit.

Question 26

Danger to life (Arson) liability

Answer 26

Arson
Section 267 (1)(a) Crimes Act 1961
14 years imprisonment

Intentionally OR recklessly

Damages by fire OR damages by means of any explosive.

Any property

If he or she knows or ought to know that danger to life is likely to ensue.

Question 27

No interest (Arson) liability

Answer 27

Arson
Section 267(1)(b) Crimes Act 1961
14 years imprisonment

Intentionally OR recklessly

Without claim of right

Damages by fire OR damages by means of any explosive

Any immovable property OR vehicle OR ship OR aircraft

In which that person has no interest

Question 28

Benefit/loss (Arson) liability

Answer 28

Arson
Section 267(1)(c) Crimes Act 1961
14 years imprisonment

Intentionally

Damages by fire OR damages by means of any explosive

Any immovable property OR vehicle OR ship OR aircraft

With intent

To obtain any benefit OR to cause loss to any other person

Question 29

Less valuable 267(2)(a) Arson liability

Answer 29

Arson
Section 267(2)(a) Crimes Act 1961
7 years imprisonment

Intentionally OR recklessly

Without claim of right

Damages by fire OR damages by means of any explosive

Any property in which that person has no interest (other than property referred to in subsection (1))

Question 30

Less valuable 267(2)(b) Arson liability

Answer 30

Arson
Section 267(2)(b) Crimes Act 1961
7 years imprisonment

Intentionally OR recklessly

Without claim of right

Damages by fire OR damages by means of any explosive

Any property (other than property referred to in subsection (1))

With intent

To obtain any benefit OR cause loss to any other person

Question 31

Attempted Arson liability

Answer 31

Attempted arson
Section 268 Crimes Act 1961
10 years imprisonment

Everyone

Attempts to commit arson

In respect of any immovable property OR any vehicle OR ship OR aircraft

Question 32

Intentional damage 269(1) liability

Answer 32

Intentional damage
Section 269(1) Crimes Act 1961
10 years imprisonment

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

Question 33

Intentional damage 269(2)(a) liability

Answer 33

Intentional damage
Section 269(2)(a) Crimes Act 1961
7 years imprisonment

Intentionally OR recklessly

Without claim of right

Destroys OR damages

Any property

In which that person has no interest

Question 34

Intentional damage 269(2)(b) Liability

Answer 34

Intentional damage
Section 269(2)(b) Crimes Act 1961
7 years imprisonment

Intentionally OR recklessly

Without claim of right

Destroys OR damages

Any property

With intent to cause a loss to any person

Question 35

Intentional damage 269(3) liability

Answer 35

Intentional damage
Section 269(3) Crimes Act 1961
7 years imprisonment

Intentionally

Destroys OR damages

Any property

With reckless disregard for the safety of any other property

Question 36

Providing explosives to commit an offence liability

Answer 36

Providing explosives to commit an offence liability
Section 272 Crimes Act 1961

Knowingly has in his or her possession OR makes any explosive substance, 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

Question 37

R v Hallam

Answer 37

In Hallam, the Court held on a charge of knowingly have possession of an explosive substance, it must be proven that the offender knowingly had the substance in his possession and also knew it to be an explosive substance.

Question 38

Arson with reckless disregard for the safety of other property liability

Answer 38

Arson with reckless disregard for the safety of other property
Section 267(3) Crimes Act 1961

Intentionally

Damages by fire OR damages by means of any explosive

Any property

With reckless disregard for the safety of any other property

Question 39

Section 42 of the Fire and Emergency New Zealand Act 2017

Answer 39

Section 42 of the Fire and Emergency New Zealand Act 2017

Enter any land, building or structure.

Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency.

Take or send any equipment or machine required to be used into, through, or upon any land, building, or structure.

Remove from any land, building or structure that may be on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure.

Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up.

Cause any building or structure to be pulled down or shored up (either in whole or in part) either at the time of the emergency or within a reasonable time afterwards.

Question 40

Section 44 of the Fire and Emergency New Zealand Act 2017

Answer 40

Section 44 of the Fire and Emergency New Zealand Act 2017

May cause water to be shut off from, or turned into, any main or pipe in order to obtain a greater pressure and supply of water.

May cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency.

May remove any vehicle impeding personnel and in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary.

May remove, using reasonable force if necessary, any person who by his or her presence or otherwise, interferes with operations to deal with the emergency or who, in the authorised persons opinion, is in danger or is likely to cause danger to any other person or property.

May shut off or disconnect, or order any person able to do so to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building or structure that is on fire or otherwise endangered or that is in the vicinity of the emergency.

May require the owner or occupier of the property, or the owner’s agent, to provide any information relating to the emergency that is reasonably necessary or desirable in order to perform or exercise his or her functions, duties or powers.

May generally do all other things that are reasonably necessary to:

Protect and preserve life.
To prevent or limit injury.
To prevent or limit damage to property and land.
To prevent or limit damage to the environment.

Question 41

R v Harpur

Answer 41

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 determinative.

Question 42

Legally you are allowed to set fire to your own property, unless you:

Answer 42

Intend to cause loss to someone else as a result of the fire

know or ought to know that the fire will endanger life

know that the fire is likely to destroy or damage someone else’s property as a consequence.

Question 43

The fire service specialist fire investigator will liaise with the designated police fire investigation liaison officer or other member of Police in relation to four specific matters:

Answer 43

Four specific matters:

Access to the fire scene

Handover of the fire scene

Process for examination and investigation

Identification and collection of evidence at the fire scene

Question 44

In determining the seat of the fire the specialist fire investigator will consider:

Answer 44

They will consider

Witness reports.

When they first noticed the fire and where they were at the time.

The state of the fire at that time.

Wind direction and speed, weather.

The direction of spread.

The colour of the flames and smoke.

Severity of the damage.

Depth of charring.

The presence of starting devices.

Reports and opinions from other specialists.

Question 45

Examples of carelessness that might result in fire could include:

Answer 45

Examples

Misusing electricity.

Children playing with matches, cigarette lighters and so on.

Burning off paint.

Vagrants lighting fires.

Welding and other industrial processes.

Leaving clothes near heating sources.

Wrapping up live ashes in paper.

Ironing.

Setting off fireworks.

Using or storing flammable materials.

Burning rubbish.

Using domestic or campfires.

Leaving a stove or heater on.

Leaving fat unattended while cooking.

Smoking.

Question 46

Materials used to start a fire include:

Answer 46

Readily available combustible material - rubbish.

Molotov cocktails.

Candles.

Chemical igniters.

Timing devices.

Electric matches.

Electrical apparatus.

Matches and cigarettes.

Trailers.

Question 47

The police responsibilities at a fire scene examination and investigation are:

Answer 47

Conduct the criminal investigation or coronal inquiry.

Undertake responsibility for the protection, collection and recording of forensic evidence

The collection and removal of material from a fire crime scene will only be done by Police or other agencies with the authority to remove evidence

Preservation, analysis and subsequent disposition of any such material is the responsibility of police or other agency.

Question 48

Use of Fire service powers by police

Answer 48

Police may exercise powers if called upon to do so by the member of the fire service in charge of the fire

Question 49

Fire service and Police - Memorandum of understanding.

Answer 49

The Ambulance NZ, NZ fire MOU and it’s schedules include an agreement between Police and the fire service to share information, and details of the roles for both organisations in fire investigation.

• investigations of fire scenes by the fire service and the police are efficiently coordinated, and expertly and independently conducted.
• any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.

The fire service will notify the Police if:
- a fire results in serious injury or death.
Or
- a fire is considered suspicious.

Question 50

FILO responsibilities.

Answer 50

Attending every fire that results in serious injury or death.

Coordinating fire investigations in the designated areas or districts.

Arranging police attendance at fire scenes when required.

Maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigators.

Assisting areas or districts with fire investigation related queries.

Ensure communication is maintained with Police national fire investigation coordinator, Police district intelligence manager and district manager criminal investigations, where appropriate.

Coordinating fire investigation training for any Police employees within the area or district, where needed.

Providing other advice and expertise as required.

Question 51

Specialist fire investigators will be called to attend and investigate

Answer 51

Investigate

Fire where fatalities occur.

Fires where serious (life threatening) fire-related injury has occurred.

Structure fires where the cause is suspicious and 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.

Structure fires of third alarm equivalent (at least six appliances) or greater that may have a significant regional or national consequence

Any other fire, upon request from Police or another agency.

Question 52

Fire scene control, notification and handover.

Answer 52

1) the fire service has authority over a fire scene while a fire is in progress. Once the fire is extinguished and any threat to life or property no longer exists, the fire service must hand the scene of the fire over to the appropriate agency. In certain circumstances, this will be Police.
2) The fire service will notify police if it considers that a fire may have been deliberately lit, or if it considers the cause of fire is suspicious. The fire service will also notify Police of all incidents with fatalities or serious life-threatening injuries occur.
3) Where police attend a fire scene and seek authority over that fire scene, the designated police investigating officer will confer with the incident controller to confirm the handover process.
4) The fire service will not normally handover a fire scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised.
5) For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan.
6) The investigation plan will include an outline of how the investigation will proceed and the role of each agency.

Question 53

Fire scene safety

Answer 53

Most injuries are received from these hazards:

• inhaling toxic substances.
• ingestion of particles.
• cut/wounds from sharp objects.
• air-borne dusts.
• tripping over fire debris.

To identify the best method of protection:

• an assessment of the scene.
• a strategy to prevent any injuries

Clothing protection:

• helmet
• glasses
• nose and mouth filters
• overalls
• gloves
• heavy duty footwear and toe cap boots

Question 54

Fire scene risks

Answer 54

Timber - this will normally burn and char in most instances. When entering a timber structure, take note of the thickness, the load it is carrying and any sound emanating from the structural members.

Steel - unprotected steel will expand and cause external and internal walls to be pushed out. When heated steel is cooled by water it tends to contract and may fall off its support or collapse during excavation or movement of items with no warning.

Concrete - particular tilt slab construction, is the most unpredictable as it can be affected by extremely low fire temperatures and topple like a deck of cards in all directions.

Masonry - can be weakened by deterioration of mortar expansion of the wall to supporting or connected structural members.

Question 55

Non-intentional causes of fire

Answer 55

Non-intentional causes

Carelessness:

Misuse of electricity, children playing with matches, burning of paint, lighting fire to keep warm, hanging clothes near heaters, fireworks, burning rubbish, smoking and leaving the stove on.

Faults:

Chimneys and flues, appliances, TV left on stand by mode, electrical wiring, dust extractors and heating systems.

Nature:

Sun rays, lightening, static electricity, and chemical reactions, rodents eating through wiring.

Question 56

Procedure on arrival

Answer 56

Procedure

1) Secure and control the scene.
2) Interview the informant.
3) Interview the specialist fire investigator and the OC fire appliance first to attend

4) Interview the incident controller to find out:
The time and date of the call.
The state of the fire on arrival.
What action has been taken.
If the fire is suspicious.

5) If the fire is extinguished ensure the safety of the scene before the initial conference with the specialist fire investigator and Police to conduct a preliminary scene examination.
6) If suspicious hold a briefing conference.

7) Confer with other staff to determine a plan of action to:
Guard and secure the scene.
Conduct area canvas.
Identify any witnesses present at the scene.

8) Provide a SITREP to comms and obtain acknowledgment.

Question 57

Scene security for Police

Answer 57

Ensuring the scene is not interfered with.
The exclusion and control of onlookers, property owners and other interested parties.
Preserving evidence.
Preventing looting.

Attending Police should also be aware of:
Be aware of any hotspots that may re-ignite.
Watch out for possible offenders.
Identify any witnesses.
Report all matters of significance to the OC investigation or OC scene coordinator.

Question 58

To assist in preserving the fire scene investigator should:

Answer 58

Liaise with the incident commander to limit any unnecessary operations within the area of origin.

Stop fire crews from removing fire debris from the structure to assist the occupier/owner after the fire is extinguished.

To assist in scene preservation, consider these points:

Scope - how much needs to be preserved?
- A single room.
– Entire building.
– Outside areas.
– Large area that includes a building or buildings.

Cordon:

– Identify the centre of the scene and tape off outside the most obvious item of evidence.

– In large scenes the natural boundaries could be used to dictate your zones.

– Make cordons as wide as possible.

Question 59

Where it is difficult to preserve the scene

Answer 59

In circumstances such as demolition of specific areas for safety, it may be difficult to preserve the scene. The investigator must record the scene prior to demolition by:

– sketches.
– Photographs.
– Plans.
– Video recordings.

Question 60

The point of origin is the exact location at which:

Answer 60

Point of origin

A component failed

A fire was maliciously lit

An accidental fire originated from.

Question 61

The external examination takes into account:

Answer 61

External examination

Adjoining premises.

The surrounding area of the involved premises.

Damage to structure itself.

Question 62

Preliminary internal examination

Answer 62

The preliminary internal examination should involve a slow walk-through of the premises from the area of the lease damage to the most damaged and taking notes of indicators such as:

Building areas in need of repair

Signs of hardship

Missing family photographs, furniture and personal items

Lack of clothing

Open filing cabinets or missing files

Unusual odours

Burn patterns

Question 63

Detailed internal examination

Answer 63

Observe, note and take into account a number of observations including:

Smoke deposits and burn patterns

Spoling – cracking or chipping of concrete resulting by heated and cooled.

Damage to wall studs

Damage to roofing timbers

Damage to windowsills and door edges

Suit damages on window glaze and craze patterns

Floor areas burn through.

Question 64

In determining the seating of the fire, the specialist fire investigator will consider:

Answer 64

They will consider

Witness reports

When they first noticed the fire in where they were at the time

The state of the fire on arrival

Wind direction and speed and weather

The direction of the fire spread

The presence of starting devices

Reports and opinions of other specialists

Question 65

3 step exhibit process

Answer 65

Photograph in situ, label exhibits and preserve them in containers

Use approved arson kits if these are available; if not use suitable containers such as unused 4 L paint tins

Take control samples:
Chard timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points.
Any accelerants found never scene.
Soil from the surrounding area.

Question 66

Briefly interview the owner to find out:

Answer 66

When the property was last secured and by who

If they know the cause of the fire

Any details of possible suspects and any insurance details

Type of business

Actions leading up to the fire:

Note the demeanour during the pre-lim briefing interview.

Complete interviews and obtain/arrange to obtain statements.

Give your supervisor a sitrep

Question 67

Conferences

Answer 67

Conferences must be held during the scene examination to assist with:

Assessing the information obtained

Reconstructing

Establishing possible motives

Identifying possible suspects

Planning further enquiries.

People attending could include:

O/C CIB

Crime scene coordinator

Fire investigation liaison officer

O/C Investigation.

Police photography

Specialist fire investigator

SOCO

Other specialists as required

Question 68

Suspect inquiries in respect of fires not involving explosions

Answer 68

1) You may identify the suspect by means of:
- The circumstances of the fire
- Fingerprints
- Witnesses and media response
- Information from witnesses, fire crews or people who regularly attend fires.

2) Possible suspect may include:
- owners or occupiers for insurance fraud matters.
- An Employee, to cover theft, forgery or false pretence.
- A pyromaniac suffering from mental illness.
- In the case of a school building, a pupil or ex pupil.

3) investigate thoroughly to obtain:
- Full particulars.
- criminal history.
- Details of any motor vehicle.
- Photographs.

4) Consider surveillance.

5) Complete inquiries to establish the suspects:
- Opportunity.
- Motive.
- Mens Rea.
- Connection to the crime or scene.

6) Consider a search warrant.
- Searching the suspects clothing, residence, motor vehicle and workplace, and in any other place where evidence may be found. Evidence could include:
- Accelerants
– containers
– igniters
– which fabric
– traces of debris from the scene
– photograph in SITU before seizing
– Ask and note the suspects explanation regarding the evidence:
Be alert for signs that the suspect has been at the scenes eg: Burnt facial here, the smell of smoke and residues of fuel or products of combustion on the skin.
- Ensure all exhibit seized are labelled, examined and uplifted by the exhibits officer.

7) Interview the suspect
8) Consider identification parade or photo montage.
9) Complete inquiries to corroborate or negate the suspects explanation.
10) Advise supervisor whether the ingredients of the offence have been established to prosecute.
11) Arrest the suspect and obtain fingerprints, photographs, consider a medical examination for injuries, offender report details.
12) Prepare prosecution file.