Arson Flashcards
Damages by fire
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
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
(Fire)
R v Tipple
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
Cameron v R
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
Immovable Property
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
Property
Property is defined under section 2 of the Crimes Act 1961 as real and tangible property.
Knows or ought to know that danger to life is likely to ensue
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
Attempted arson
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).
Vehicle
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Intent
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.
Example of intent
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).
Claim of right
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.
Intent to obtain any benefit
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.
R v Morley
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.
Intent to produce a result
Intent to produce a specific result. In this context, result means “aim, object, or purpose”.
Likely to ensue
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”.
Benefit
Benefit is said to mean any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Subjective and objective test for recklessness
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”.
Proving recklessness
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).
Fire defined
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.
Explosive defined
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.
Ship defined
Every vessel used in navigation however propelled. Includes a barge, lighter, dinghy, raft, vessel. Includes any ship used by a countries Armed Forces.
Aircraft defined
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.
Person defined
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.
Benefit defined
Any benefit, pecuniary advantage, privilege, property, service, valuable consideration. Includes damaging own property to get a benefit.
Danger to life (Arson) liability
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.
No interest (Arson) liability
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
Benefit/loss (Arson) liability
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
Less valuable 267(2)(a) Arson liability
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))
Less valuable 267(2)(b) Arson liability
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
Attempted Arson liability
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
Intentional damage 269(1) liability
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
Intentional damage 269(2)(a) liability
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
Intentional damage 269(2)(b) Liability
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
Intentional damage 269(3) liability
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
Providing explosives to commit an offence liability
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
R v Hallam
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.
Arson with reckless disregard for the safety of other property liability
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
Section 42 of the Fire and Emergency New Zealand Act 2017
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.
Section 44 of the Fire and Emergency New Zealand Act 2017
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.
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. Considering how much remains to be done is always relevant, though not determinative.
Legally you are allowed to set fire to your own property, unless you:
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.
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:
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
In determining the seat of the fire the specialist fire investigator will consider:
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.
Examples of carelessness that might result in fire could include:
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.
Materials used to start a fire include:
Readily available combustible material - rubbish.
Molotov cocktails.
Candles.
Chemical igniters.
Timing devices.
Electric matches.
Electrical apparatus.
Matches and cigarettes.
Trailers.
The police responsibilities at a fire scene examination and investigation are:
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.
Use of Fire service powers by police
Police may exercise powers if called upon to do so by the member of the fire service in charge of the fire
Fire service and Police - Memorandum of understanding.
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.
FILO responsibilities.
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.
Specialist fire investigators will be called to attend and investigate
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.
Fire scene control, notification and handover.
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.
Fire scene safety
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
Fire scene risks
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.
Non-intentional causes of fire
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.
Procedure on arrival
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.
Scene security for Police
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.
To assist in preserving the fire scene investigator should:
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.
Where it is difficult to preserve the scene
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.
The point of origin is the exact location at which:
Point of origin
A component failed
A fire was maliciously lit
An accidental fire originated from.
The external examination takes into account:
External examination
Adjoining premises.
The surrounding area of the involved premises.
Damage to structure itself.
Preliminary internal examination
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
Detailed internal examination
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.
In determining the seating of the fire, the specialist fire investigator will consider:
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
3 step exhibit process
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.
Briefly interview the owner to find out:
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
Conferences
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
Suspect inquiries in respect of fires not involving explosions
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.
