ARSON Flashcards
Give the act, section and elements for the offence of
- Arson (danger to life)
Section 267(1)(a), Crimes Act 1961
Intentionally (OR) Recklessly
Damages by fire (OR) damages by means of explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Give the act, section and elements for the offence of
- Arson (immovable property)
Section 267(1)(b), Crimes Act 1961
Intentionally (OR) recklessly
Without claim of right
Damages by fire (OR) damages by means of explosive
Any immovable property (or any vehicle, ship or aircraft) In which that person has no interest
Give the act, section and elements for the offence of
- Arson (obtain benefit or cause loss)
Section 267(1)(c), Crimes Act 1961
Intentionally
Damages by fire (OR) damages by means of explosive
Any immovable property (or any vehicle, ship or aircraft)
With intent
To obtain benefit or to cause loss to any person
Give the act, section and elements for the offence of
- Attempted Arson
Section 268, Crimes Act 1961
Everyone
Attempts to commit arson
In respect of any ship/vehicle/property
Give the act, section and elements for the offence of
- Arson (no interest)
Section 267(2)(a), Crimes Act 1961
Intentionally OR recklessly Without claim of right Damages by fire OR by means of any explosive Any property In which that person has no interest
Give the act, section and elements for
- Arson (obtain benefit) OR (cause loss)
Section 267(2)(b), Crimes Act 1969
Intentionally OR recklessly
Damages by fire OR by means of any explosive
Any property
With intent to obtain any benefit OR to cause loss to any other person
Give the act, section and elements for
- Arson with reckless disregard for the safety of other property
Section 267(3), Crimes Act 1969
Intentionally
Damages by fire OR by means of any explosive
Any property
With reckless disregard to the safety of any other property
Give the act, section and elements for
- Intentional damage - danger to life
Section 269(1), Crimes Act 1961
Everyone Intentionally Destroys or damages Any property If he or she knows, or ought to know that danger to life is likely to ensue
Give the act, section and elements for
- Intentional damage - no interest
Section 269(2)(a), Crimes Act 1961
Intentionally And without COR Destroys or damages Any property In which that person has no interest
Give the act, section and elements for
- Intentional damage - obtain benefit or cause loss
Section 269(2)(b), Crimes Act 1961
Intentionally Without claim of right Destroys or damages Any property With intent to obtain any benefit OR to cause loss to any other person
Give the act, section and elements for
- Intentional damage - reckless disregard
Section 269(3), Crimes Act 1961
Intentionally
Destroys or damages
Any property
With reckless disregard to the safety of other property
Define the term property
Section 2, Crimes Act 1961
Property includes any 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
Define the term property
Section 2, Crimes Act 1961
Property includes any 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
Only tangible property is capable of being damaged by fire or explosive
An element of 267(1) is that the defendant knowingly puts a person’s life at risk
What is the case law?
What 2 tests should be proven?
Simester and Brookbanks - knowing means ‘knowing or correctly believing … the defendant may believe something wrongly, but cannot ‘know’ something that is false’.
This provision involves a subjective / objective test in relation to the defendant’s degree of knowledge
Subjective - what was the defendant thinking? Were they conscious of the risk to human life?
Objective - what would a reasonable person have thought in the circumstances, would they have recognised the risk?
Define claim of right
Section 2, Crimes Act 1961
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary of possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake
Define vehicle
Section 2, LTA 1998
(a) means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
(b) includes a hovercraft, skateboard, skates
Define ship
Section 2, Crimes Act 1961
Ship means every description of vessel used in navigation, however propelled, and includes any barge, dinghy, raft or like vessel
Define aircraft
Section 2, Crimes Act 1961
Aircraft has the same meaning as the Civil Aviation Act 1990
Section 2, Civil Aviation Act 1990
Aircraft means nay machine that can derive support in the atmosphere from reactions of the air
Define interest
Not defined by statute. Tenancy of a property constitutes interest in it
You cannot be convicted of arson if you have an interest in the property that is staged by fire
Outline the circumstances and findings of the key case law in regards to INTEREST in property.
In R v Wilson, the defendant was attempting to manufacture methamphetamine at his rented property. The clan lab ignited and the house burned down. In addition to drugs charges, Wilson was charged with recklessly damagin the house by fire under s267(1)(b).
Court of Appeal ruled that he could not be convicted of arson as his tenancy of property was an interest in that property and therefore provided him with a defence.
Outline the legislative definition of Attempts
Section 72(1), Crimes Act 1961 Attempts
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What is the ‘must know’ case law regarding a defendant’s conduct being sufficiently proximate to the offence?
R v Harpur
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s 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 or damage your own property, however, there are exceptions to the general rule. What are these exceptions?
- you intend to cause loss to someone else as a result of the fire
- you 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
Define benefit
Section 267(4), Crimes Act 1961 Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
In the contact of arson, this includes damage to the defendant’s own property if it was done with the intention of incurring a benefit
Define pecuniary advantage
“Pecuniary advantage” means anything that improves the defendant’s financial position.
Define person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Section 2, Crimes Act 1961
The legislation provides a wide definition of person to include not only real people, but also companies, public bodies, authorities and other organisations ; i.e. Police organisation is a ‘person’ under this wider definition
Define loss
Loss is not defined by statute; in most cases it will involve financial detriment to the victim. Criminality can only result from direct loss; it is not necessary that the victim’s loss result in a benefit to the offender
The relevant case law is R v Morley
‘Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.’
R v Morley
Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
What intent must be proven in attempts to commit arson?
The crown must prove that the defendant intended to commit the full act of arson, and acted for the purposes of achieving that aim.
To be guilty of an attempt to commit an offence, what two things must a person do?
The Crown must prove that the defendant:
INTENDED to commit the full offence, and
Took a REAL & SUBSTANTIAL STEP to achieving their aim
What does R v Harpur say about attempts?
To be guilty of an attempt, a defendant’s conduct (the real and substantial steps) must have progressed past preparation and be sufficiently proximate to the offence
An attempt includes an act or omission that is part of a course of conduct that has been planned to culminate in the commission of the crime
Section 28, Fire Service Act 1975 infers powers to the person in charge of the Fire Service at a fire. What are those powers?
The right to:
- enter 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 - and, if necessary, break into vehicles for that 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
- take equipment into a scene
You can only use these powers if called upon by Fire to do so - Police do not have the right to simply exercise there by virtue of being at the fire.
List five common methods of setting fires.
Candles left burning Chemical igniters Electrical apparatus / devices left on Electric matches Matches and cigarettes Molotov cocktails Timing devices Trailers Readily combustible material (rubbish)
The Fire Service Special Investigator will liaise with the designated Police Fire Investigation Liaison officer or other member of Police in relation to 4 specific matters. What are they?
The Fire Service Special Investigator will liaise with Police in relation to the following four matters:
- handover of the fire scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the fire scene
HAPE - Handover, Access to scene, Process for Exam, Evidence collection.
R v Harpur
’‘(The Court may) have regard to the (the defendant’s) conduct viewed cumulatively up to the point where the conduct in question stops …. the defendant’s conduct (may) be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative’.
List five signs that an accelerant may have been used
- containers
- traces in debris
- smell
- unusually rapid spread or intensity of fire
- uneven burning
- burning under or behind boards where the liquid has run through the cracks
- multiple seats of fire
What are you aiming to find out when conducting a preliminary interview of an owner or occupier of a premises?
- type of business
- actions leading up to the fire
- when the premises were last secured, and by whom
- whether he or she knows the cause of the fire
- the details of any suspects and any insurance
How do you tell the difference between an explosion caused by gas and an explosion caused by explosives?
Gas
- covers a wider area
- doesn’t leave a crater
- lighter-than-air gases blow out at the top of a wall; heavier at the bottom
- implosion of cabinets
Give some examples of characteristics of explosives damage
- cratering
- an overlay of dust
- shrapnel marks
- spread of debris
- shredding of materials
- smell peculiar to the exploded material
In the case of a fire involving explosives, the O/C may be required to authorise an expert to enter the centre of the scene. How should this be done?
- create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates (this may involve some exhibits being trampled underfoot)
- have the ESR analyst start swabbing the area immediately (work outwards from the seat of the explosion)
- vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue
Outline the initial action steps for a fire involving explosives
- Do not handle or interfere with
anything unfamiliar. Remember that there may be a secondary device anywhere at the scene, including in a nearby building or vehicle. - Do not use cell phones, portable radios or other transmitting devices.
- Evacuate the scene to a distance of at least 100m. Ensure that people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using an explosives detector dog to locate the device.
- If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour. If no Department of Labour operators are available, consider utilising a Defence Force expert. Bear in mind that the expertise of Armed Services operators relates primarily to military ordnance.
- Give regular SITREPs to Police Comms
(Don’t touch, don’t use transmitters, do evacuate, do regular SITREP, do call for specialist assistance)
In what ways might suspects be identified?
Police resources such as Intelligence and Youth Services sections or the Fire Investigation Liaison Officer
Circumstances of the fire
Witnesses and media response
Enquiries at prisons, psychiatric hospitals, rehabilitation centres and schools
Fingerprints
Information from fire crews on people who regularly attend fires
CEWIF - circumstances, enquiries, witnesses, intel, fingerprints
When conducting general enquiries for a fire not involving explosives, certain people need to be interviewed. List the people to be interviewed.
- The owner and occupier of the premises.
- The person who last secured the building. Find out what position the doors and windows were left in.
- The person who found the fire. Find out whether the premises were secured at the time.
- The person who gave the alarm. Find out why and whether the person was acting under instructions
List 10 factors to consider when determining the cause of the fire?
- evidence of accelerants
- evidence of intentional interference
- evidence of intentional removal of valuable property or substitution of property
- signs that furniture was rearranged to create a fire base
- signs that windows and skylights were opened to create a draught
- signs a crime had been committed
- signs that a heater, soldering iron or other electrical appliance has been left on
- foreign material and objects, such as screws/batteries, that might be part of a device
- inconsistencies
- unusual burn patterns or unusual time factors
What does the Specialist Fire Investigator consider when determining the seat / point of origin of the fire?
- witness’ reports - When they first noticed the fire, Where they were at the time, What the state of the fire was at that time
- direction of wind and its speed and the weather
- direction of spread
- damage severity
- colour of the flames and smoke
- charring depth
- ‘starting devices’ present
- specialists reports and opinions
What will the Specialist Fire Investigator be looking for when you accompany them on a detailed internal investigation? List 10.
- smoke deposits and burn patterns
- spalling
- soot
- deposits on window glass and craze patterns
- damage to skirting board
- damage to wall studs
- damage to roofing timbers
- damage to window sills and door edges
- floor areas burned through
- under floor inspection
- removal of fire debris
- elimination of false low burns
What 14 indicators should be noted during a preliminary internal examination?
- Burn patterns
- Lack of clothing in wardrobe, drawers
- Areas of building needing repairs
- Missing family photos, furniture, personal items
- Position of clothes if not in wardrobe or drawer
- Open filing cabinets or missing files
- Low stock levels in commercial premises
- Accelerant containers or trails present
- Rifled premises
- Hardship signs
- Owner/occupier attitude
- Unusual odours
- Separate unrelated seats of fire
- Entry forced into an empty till
What may be found in an examination of a damaged structure?
- Jemmy marks or other signs of forced entry
- Window glass broken before fire
- Burn patterns above doors/windows and V burn patterns on external cladding
(BBB - Break in marks, Broken glass and Burn patterns)
What is the point of origin?
The exact location at which
- a component failed
- a fire was maliciously lit, OR
- an accidental fire originated
(Think FAM - Failure, Accidental, Malicious).
What needs to be taken into account during an external examination?
- Distance debris scattered, particularly if drums or cylinders have exploded
- Nearby alleyways/streets/driveways
- Adjoining premises which often reveal accelerant containers, forced entry attempts, broken windows, forced doors.
- Yards and outbuildings
- Periphery of structure itself
How should an arson scene be examined?
The scene should be examined systematically, from the outside in.
Upon arrival at a scene, the incident controller needs to be spoken to. What needs to be found out from the incident controller?
- time and date of call and manner in which it was received
- Service’s opinions of informant
- what appliances attended
- details of people or vehicles acting suspiciously in vicinity
- state of the fire when Fire Service arrived
- action Fire Service has taken, particularly in entry and ventilation
- alterations Service has made to scene
- info the fire Service has about building security
- whether Service thinks fire is suspicious and why
Detail Police responsibilities at a fire scene examination and investigation
Police must:
- Conduct the criminal investigation or coronial enquiry
- Undertake responsibility for the collection, protection and recording of evidence
- The collection and removal of material from a crime scene will only be done by Police or other agencies with authority to remove evidence
- The preservation, analysis of any evidence if the responsibility of Police or any other such agency
Give the act, section and elements for the offence of
- Intentional damage
Section 269, Crimes Act 1961
What does R v Hallam say about a defendant’s knowledge when it comes to possession of explosives
The court decided in this case that the Prosecution must prove that the defendant both knowingly had the explosives in their possession, and that they knew it was an explosive substance.
What definitions and/or case laws should be included in your discussion of the liability of
- 267(1)(a) - arson - danger to life
- Definition of intent
- R v Collister
- Definition of recklessness
- R v Cameron, R v Tipple
- Definition of damage by fire
- R v Archer
- Definition of explosive, s2 CA1961 (IA)
- Definition of property, s2, CA1961
- Definition of knowing
- Simester and Brookbanks
What definitions and/or case laws should be included in your discussion of the liability of
- 267(1)(b) - arson - immovable property
- Definition of intent
- Definition of recklessness
- R v Cameron, R v Tipple
- Definition of damage by fire
- R v Archer
- definition of explosive, s2 CA1961 (IA)
- definition of property, s2, CA1961
- Definition of immovable
- Definitions (as app) for vehicle, ship, aircraft
- Definition of interest
- Definition of person
What definitions and/or case laws should be included in your discussion of the liability of
- 267(1)(c) - arson - cause loss or obtain benefit
- Definition of intent
- Definition of damage by fire
- R v Archer
- definition of explosive, s2 CA1961 (IA)
- definition of property, s2, CA1961
- Definition of immovable
- Definitions (as app) for vehicle, ship, aircraft
- Definition of obtain s217 CA
- Definition of benefit, s267(4), CA
- Definition of loss
- R v Morley
- Definition of person, s2 CA
In criminal law context there are two specific types of intent in an offence. What are they
There must be an intention to commit the act
There must be an intention to produce a specific result
R v Cameron
Recklessness is established if
the defendant recognised that there was a real possibility that:
- his actions would bring about the prescribed result
- the circumstances existed
and
- having regards to that risk, those actions were unreasonable
(subjective + objective tests to prove recklessness)
R v Tipple
‘Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk and it may be said that ir requires a deliberate decision torun that risk’.
Define 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. In general. It relates to buildings and land and things growing on land, such as forests’.
R v Archer
Property may be damaged if it suffers permanent or temporary harm, or permanent or temporary impairment of its use or value
Prosecution must prove that the property suffered damage as a result of the defendant’s actions
What is sufficient to prove property damage by fire - does the property have to be set alight?
The property does not have to be set alight. Burning, blistering of paint, charring, melting or sufficient smoke damage will suffice - if it changes the object in a way that damages it or impairs its value
Define fire
Fire is the result of combustion, a chemical reaction between fuel and oxygen, triggered by heat
For fire to start and continue, oxygen, heat and fuel must be present in the right proportions
Define explosive
Section 2, Arms Act 1983
(a) Means any substance, mixture or combination of substances which in its normal state is capable of either decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
(b) This includes gunpowder, nitroglycerine, dynamite, lasting powder, metals, flares, fog signals, fuses, rockets, detonators, cartridges and ammunition. (c) It also includes devices which use substances to create an explosion or pyrotechnic effect.
(d) The definition does NOT include firearms or fireworks
Before conducting an arson scene exam, what safety precautions should you take to protect yourself and others?
Wear protective clothing (helmet, mask, gloves, overalls)
Make an assessment of / plan for:
Inhalation of toxic substances Ingestion of particles Cuts/wounds from sharp objects Airborne dusts, particles Tripping on fire debris Items falling from above you A strategy to prevent an occurrence or to mitigate its impact
When executing a search warrant at an arson scene, what steps do you need to carry out for the search
- search the suspect’s clothing, vehicle etc
- look for evidence
- ask for suspect explanation
- issue a 268 of property seized
- record all seized exhibits correctly
At a suspicious fire, if the area is going to be demolished for safety, what must be recorded prior to the area being demolished
- make sketches
- take videos
- take photographs
- acquire the plans
Who owns service entry fuses and electricity metres?
fuses and metres are owned by supply authorities
After conducting interviews at an arson scene, a conference will be held with Police and non-Police members. What is the purpose of the conference, what should be discussed?
Conferences are held to ensure a successful scene examination, assess risk and beyond that, a successful investigation. It will form the basis of your plans - record all decisions.
You might discuss
- roles
- information received
- reconstructions
- motives
- suspects
- enquiries to be made
- risk assessments
Fire and Police have a Memorandum of Understanding . To achieve the objective of the Memorandum, Fire Investigation Liaison Officers are within each district. What are the FILOs responsible for?
- attending fires that result in injury or death
- coordinating fire investigations in their district
- arranging Police attendance at fires
- maintaining relationships with Fire services
- coordinating training for Police employees
- providing advice and expertise
Specialist Fire Service Investigators will be called to attend and investigate what sort of fires
- where there is a fatality
- where there are suspicious circumstances
- where safety features in the afflicted building have failed
- where fire has spread across a property boundary
- where called by Police
What are the 8 iinitial action steps at a fire scene investigation
- Briefly interview the informant
- Secure and control the scene
- Interview the Specialist Fire Investigator and first Fire officer at the scene
- Interview the incident controller
- ensure the scene is safe before initial conference
- if suspicious, regroup and have a ‘briefing conference’
- brief other staff, make a plan and give them roles
- provide SITREP
What is the penalty / imprisonment term for
- 267(1) offences
14 years
What is the penalty / imprisonment term for
- 267(2) offences
7 years
What is the penalty / imprisonment term for
- Attempted arson
10 years
What is the penalty / imprisonment term for
- Intentional damage
7 years
Specialist Fire Service Investigators will be called to attend and investigate what sort of fires
- where there is a fatality
where there is life threatening injury - where there are suspicious circumstances
- where safety features in the afflicted building have failed or have not properly performed
- where fire has spread across a property boundary
- where called by Police
Give examples of fire caused by carelessness
Ironing Setting off fireworks Burning rubbish Not disposing of ashes up properly Smoking Leaving clothes near heating Leaving fatty cooking unattended
Give examples of fire caused by natural causes
Lightning
Static electricity
Chemical reactions
Extreme heat / sun rays
Give examples of fires caused by faults
Heating systems Fans and ventilations systems Appliances Electrical wiring - shorting and arcing Broken power lines
What can s Fire Safety Officer determine at the conclusion of examination
APS
Area of fire origin
Point of fire origin
Seat of fire origin (where fire was maliciously lit, a fault occurred or accidentally went on fire)
