ARSON

Question 1

Give the act, section and elements for the offence of

- Arson (danger to life)

Answer 1

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

Question 2

Give the act, section and elements for the offence of

- Arson (immovable property)

Answer 2

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

Question 3

Give the act, section and elements for the offence of

- Arson (obtain benefit or cause loss)

Answer 3

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

Question 4

Give the act, section and elements for the offence of

- Attempted Arson

Answer 4

Section 268, Crimes Act 1961

Everyone
Attempts to commit arson
In respect of any ship/vehicle/property

Question 5

Give the act, section and elements for the offence of

- Arson (no interest)

Answer 5

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

Question 6

Give the act, section and elements for

- Arson (obtain benefit) OR (cause loss)

Answer 6

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

Question 7

Give the act, section and elements for

- Arson with reckless disregard for the safety of other property

Answer 7

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

Question 8

Give the act, section and elements for

- Intentional damage - danger to life

Answer 8

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

Question 9

Give the act, section and elements for

- Intentional damage - no interest

Answer 9

Section 269(2)(a), Crimes Act 1961

Intentionally
And without COR
Destroys or damages
Any property
In which that person has no interest

Question 10

Give the act, section and elements for

- Intentional damage - obtain benefit or cause loss

Answer 10

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

Question 11

Give the act, section and elements for

- Intentional damage - reckless disregard

Answer 11

Section 269(3), Crimes Act 1961

Intentionally
Destroys or damages
Any property
With reckless disregard to the safety of other property

Question 12

Define the term property

Answer 12

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

Question 13

Define the term property

Answer 13

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

Question 14

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?

Answer 14

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?

Question 15

Define claim of right

Answer 15

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

Question 16

Define vehicle

Answer 16

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

Question 17

Define ship

Answer 17

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

Question 18

Define aircraft

Answer 18

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

Question 19

Define interest

Answer 19

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

Question 20

Outline the circumstances and findings of the key case law in regards to INTEREST in property.

Answer 20

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.

Question 21

Outline the legislative definition of Attempts

Answer 21

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.

Question 22

What is the ‘must know’ case law regarding a defendant’s conduct being sufficiently proximate to the offence?

Answer 22

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.

Question 23

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?

Answer 23

• 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

Question 24

Define benefit

Answer 24

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

Question 25

Define pecuniary advantage

Answer 25

“Pecuniary advantage” means anything that improves the defendant’s financial position.

Question 26

Define person

Answer 26

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

Question 27

Define loss

Answer 27

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.'

Question 28

R v Morley

Answer 28

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

Question 29

What intent must be proven in attempts to commit arson?

Answer 29

The crown must prove that the defendant intended to commit the full act of arson, and acted for the purposes of achieving that aim.

Question 30

To be guilty of an attempt to commit an offence, what two things must a person do?

Answer 30

The Crown must prove that the defendant: INTENDED to commit the full offence, and Took a REAL & SUBSTANTIAL STEP to achieving their aim

Question 31

What does R v Harpur say about attempts?

Answer 31

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

Question 32

Section 28, Fire Service Act 1975 infers powers to the person in charge of the Fire Service at a fire. What are those powers?

Answer 32

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.

Question 33

List five common methods of setting fires.

Answer 33

``` Candles left burning Chemical igniters Electrical apparatus / devices left on Electric matches Matches and cigarettes Molotov cocktails Timing devices Trailers Readily combustible material (rubbish) ```

Question 34

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?

Answer 34

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.

Question 35

R v Harpur

Answer 35

''(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'.

Question 36

List five signs that an accelerant may have been used

Answer 36

- 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

Question 37

What are you aiming to find out when conducting a preliminary interview of an owner or occupier of a premises?

Answer 37

* 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

Question 38

How do you tell the difference between an explosion caused by gas and an explosion caused by explosives?

Answer 38

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

Question 39

Give some examples of characteristics of explosives damage

Answer 39

* cratering * an overlay of dust * shrapnel marks * spread of debris * shredding of materials * smell peculiar to the exploded material

Question 40

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?

Answer 40

* 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

Question 41

Outline the initial action steps for a fire involving explosives

Answer 41

1. 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. 2. Do not use cell phones, portable radios or other transmitting devices. 3. 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. 4. 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. 5. Give regular SITREPs to Police Comms (Don't touch, don't use transmitters, do evacuate, do regular SITREP, do call for specialist assistance)

Question 42

In what ways might suspects be identified?

Answer 42

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

Question 43

When conducting general enquiries for a fire not involving explosives, certain people need to be interviewed. List the people to be interviewed.

Answer 43

* 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

Question 44

List 10 factors to consider when determining the cause of the fire?

Answer 44

* 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

Question 45

What does the Specialist Fire Investigator consider when determining the seat / point of origin of the fire?

Answer 45

* 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

Question 46

What will the Specialist Fire Investigator be looking for when you accompany them on a detailed internal investigation? List 10.

Answer 46

- 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

Question 47

What 14 indicators should be noted during a preliminary internal examination?

Answer 47

- 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

Question 48

What may be found in an examination of a damaged structure?

Answer 48

- 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)

Question 49

What is the point of origin?

Answer 49

The exact location at which - a component failed - a fire was maliciously lit, OR - an accidental fire originated (Think FAM - Failure, Accidental, Malicious).

Question 50

What needs to be taken into account during an external examination?

Answer 50

- 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

Question 51

How should an arson scene be examined?

Answer 51

The scene should be examined systematically, from the outside in.

Question 52

Upon arrival at a scene, the incident controller needs to be spoken to. What needs to be found out from the incident controller?

Answer 52

- 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

Question 53

Detail Police responsibilities at a fire scene examination and investigation

Answer 53

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

Question 54

Give the act, section and elements for the offence of | - Intentional damage

Answer 54

Section 269, Crimes Act 1961

Question 55

What does R v Hallam say about a defendant's knowledge when it comes to possession of explosives

Answer 55

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.

Question 56

What definitions and/or case laws should be included in your discussion of the liability of - 267(1)(a) - arson - danger to life

Answer 56

- 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

Question 57

What definitions and/or case laws should be included in your discussion of the liability of - 267(1)(b) - arson - immovable property

Answer 57

- 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

Question 58

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

Answer 58

- 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

Question 59

In criminal law context there are two specific types of intent in an offence. What are they

Answer 59

There must be an intention to commit the act | There must be an intention to produce a specific result

Question 60

R v Cameron

Answer 60

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)

Question 61

R v Tipple

Answer 61

'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'.

Question 62

Define immovable property

Answer 62

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’.

Question 63

R v Archer

Answer 63

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

Question 64

What is sufficient to prove property damage by fire - does the property have to be set alight?

Answer 64

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

Question 65

Define fire

Answer 65

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

Question 66

Define explosive

Answer 66

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

Question 67

Before conducting an arson scene exam, what safety precautions should you take to protect yourself and others?

Answer 67

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 ```

Question 68

When executing a search warrant at an arson scene, what steps do you need to carry out for the search

Answer 68

- 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

Question 69

At a suspicious fire, if the area is going to be demolished for safety, what must be recorded prior to the area being demolished

Answer 69

- make sketches - take videos - take photographs - acquire the plans

Question 70

Who owns service entry fuses and electricity metres?

Answer 70

fuses and metres are owned by supply authorities

Question 71

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?

Answer 71

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

Question 72

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?

Answer 72

- 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

Question 73

Specialist Fire Service Investigators will be called to attend and investigate what sort of fires

Answer 73

- 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

Question 74

What are the 8 iinitial action steps at a fire scene investigation

Answer 74

- 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

Question 75

What is the penalty / imprisonment term for | - 267(1) offences

Answer 75

14 years

Question 76

What is the penalty / imprisonment term for | - 267(2) offences

Answer 76

7 years

Question 77

What is the penalty / imprisonment term for | - Attempted arson

Answer 77

10 years

Question 78

What is the penalty / imprisonment term for | - Intentional damage

Answer 78

7 years

Question 79

Specialist Fire Service Investigators will be called to attend and investigate what sort of fires

Answer 79

- 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

Question 80

Give examples of fire caused by carelessness

Answer 80

``` Ironing Setting off fireworks Burning rubbish Not disposing of ashes up properly Smoking Leaving clothes near heating Leaving fatty cooking unattended ```

Question 81

Give examples of fire caused by natural causes

Answer 81

Lightning Static electricity Chemical reactions Extreme heat / sun rays

Question 82

Give examples of fires caused by faults

Answer 82

``` Heating systems Fans and ventilations systems Appliances Electrical wiring - shorting and arcing Broken power lines ```

Question 83

What can s Fire Safety Officer determine at the conclusion of examination

Answer 83

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)