Arson Flashcards
Arson Section 267(1)(a) - Act, section, elements
- 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.
Arson Section 267(1)(b) - Act, section, elements
- 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
Arson Section 267(1)(c) - Act, section, elements
- 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 cause loss to any other person.
Cameron v R
Recklessness is established if:
a. The defendant recognised that there was a real possibility that:
i. his or her actions would bring about the prescribed result
ii. The proscribed circumstances existed and
b. Having regard to that risk, those actions were unreasonable.
Define damages by fire
Burning, charring or smoke damage, also includes heat damage, melting and oxidation.
R v Archer
Property damage may be temporary or permanent physical harm and includes impairment of its use or value.
Define Knows or Ought to know
Two part test:
- What was the defendant thinking at the time? Did they know human life was likely to be endangered by their actions?
- What would a reasonable person have thought in the circumstances.
Knows - Simester and Brookbanks
Knowing means, “knowing or correctly believing” The defendant may believe something wrongly but cannot “know” something is false.
Define Immovable property
Property will be considered “immovable” if it is currently fixed in place, unable to be moved, even though it may be possible to make it movable
Define Property
Property (s2 CA 1961) - Real and personal property, and any estate or interest in real or personal property – S2 CA61.
Define Explosive
Substance or mixture capable of decomposition at a rapid rate that results in an explosion or pyrolitic effect.
It does not include any firewood as defined in section 2 of the Hazardous Substances and New Organisms Act 1996.
Define Vehicle
Vehicle means, a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved - LTA98
Define Benefit
Benefit means, receiving any benefit, privilege, pecuniary advantage, property, service or valuable consideration.
Define Loss
Financial detriment to the victim
Define Fire
Fire is the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For a fire to start all three must be present in the correct proportions.
Arson Section 267(2)(a) - Act, section, elements
- 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 (other than property referred to in subsection(1))
Arson Section 267(2)(b) - Act, section, elements
- Intentionally or Recklessly
- Damages by fire or by means of any explosive
- Any property (other than property referred to in subsection(1)
- with intent to obtain any benefit or with intent to cause loss to any other person
Define Intent
Deliberate act or omissions with intent to get a specific result, must be more than involuntary or accidental.
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include;
- their words and actions, before, during and after the event.
- The surrounding circumstances.
- The nature of the act itself.
Define Recklessly
Consciously and deliberately taking an unjustified risk.
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her action would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
R v Tipple
Reckless requires 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”.
Proving Recklessness (Objective / Subjective test)
Subjective - The defendant consciously and deliberately ran a risk.
Objective - That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (based on whether a reasonable person would have taken the risk).
R v Morley
Loss is assessed by the extent to which the complainant’s position is impaired or diminished by the offending.
Define Danger to life. Subjective / objective test.
Life in this context means human life and the danger must be to someone other than the defendant.
Subjective Test: What was the defendant thinking at the time? did the defendant know human life was likely to be endangered?
Objective test: Would a reasonable person have thought in the circumstances? Would a reasonable person have recognised the risk?
Define claim of right
A belief that at the time of the act, the offender either had a proprietary or possessory right to the property in question although it may be based on ignorance of law or fact
Claim of right - Nature of belief required
- There must be a belief in proprietary or possessory right in property.
- The belief must be about the rights of property in relation to which the offence has been committed.
- The belief must be held at the time of the offence.
Define Ship
Ship means any vessel used in navigation, however propelled.
Wider definition of “person”
Person, owner, and other words similar words include the crown, public body companies etc.
eg. An offender who sets fire to a Police car has caused loss to the Police organisation which is a “person” under the wider definition. Relates to 267(1)(c) causes loss to any person.
Attempted Arson Section 268 CA1961 - Act, Section, Elements, Term of Imprisonment
Attempted Arson Section 268 CA1961 - 7 years imprisonment.
- A person
- Attempts to
- commit arson
- in respect of any immovable property or any vehicle, ship, aircraft
Define Attempts
Section 71 CA1961
Any act or omission, beyond mare preparation, with intent to commit an offence. Must be sufficiently proximate to the intended offence.
R v Harpur x2
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime.
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant, thought not determinative.
Define Sufficently Proximate in relation to attempts
The offenders’ actions must be sufficiently proximate to the offense. The defendant must have gone beyond mare preparation and taken a real and practical step towards the actual commission of the crime.
Examples of acts that may constitute an attempt:
- Lying in waitm searching for or following the contemplated victim.
- enticing the victim to go to the scene of the contemplated crime
- Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the offense will be committed
- Possession, collection or fabrication of materials to be employed in the commission of the offence
- Soliciting an innocent agent to engage in conduct constituting an element of the offence
Intentional Damage (1) - Act, Section, Element, Term of Imprisonment
Intentional Damage - Section 269(1) CA1961 - 10 Years imprisonment
- A person
- Intentionally or Recklessly
- Destroys or Damages
- Any property
- He or She knows or Ought to know that danger to life is likely to result
Intentional Damage (2) (a) & (b) - Act, Section, Element, Term of Imprisonment
Intentional Damage - Section 269(2) CA1961 - 7 Years imprisonment
- A person
- Intentionally or Recklessly
- Without Claim of Right
- Destroys or Damages
- Any Property
(a) in which that person has no interest; or
(b) with intent to obtain any benefit, or with intent to cause loss to any other person
Intentional Damage (3) - Act, Section, Element, Term of Imprisonment
Intentional Damage - Section 269(3) CA1961 - 7 Years imprisonment
- A person
- Intentionally
- Destroys or Damages
- Any Property
- With reckless disregard for the safety of any other property.
Is a tenant liable for arson if they burn down the house while cooking meth?
R v Wilson court ruled that tenant has an interest in the property so unless the damage is intentional and caused loss or, they intentionally or recklessly knew that danger to life would likely ensue, they cannot be convicted.
267(1)(b) - requires the element of “without claim of right” to be fulfilled, in R v WILSON it was found that the defendant had an interest in the property therefore a claim of right.
267(1)(c) - Not applicable because there is no reckless element.
Define Obtain
To retain for oneself or any other person
Define Loss
Financial detriment
What are the Fire Investigation Leason Officer responsibilities?
- Hand over of the fire scene.
- Access to the fire scene.
- Process for examination and investigation.
- Identification and collection of evidence at the fire scene.
Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. what are these exceptions?
- intent to cause losses 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.
In determining the seat of fire, list some of the matters the specialist fire investigator should consider? (page 35 Police manual)
- Witness reports
- When they first noticed the fire and where they were at the time
- the state of the fire at the time
- wind direction and speed, weather
- direction of spread
- the colour of the flames and smoke
- the severity of the damage
- depth of charring
- the presence of starting devices
- reports and opinions from other specialists
List five examples where carelessness may cause fire (page 24 Police Manual)
- misusing electricity
- children playing with matches, cigarette lighters, etc
- burning off paint
- vagrants lighting fires
- welding and other industrial processes
- leaving clothes near heating
- 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
List five examples of materials used to start a fire. (page 19 Police manual)
- Readily available combustible material - rubbish
- Molotov cocktails
- candles
- chemical igniters
- timing devices
- electric matches
- electrical apparatus
- matches and cigarettes
- trailers
Detail Police responsibilities at a fire scene examination and investigation (Police manual page 12)
- conduct the criminal investigation or coronial enquiry
- undertake responsibility for the protection, collection and recording of forensic evidence
- Collection and removal of material for a fire crime scene will only be done by Police o other agencies with the authority to remove evidence
- the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency
Describe the powers conferred by section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the fire service at the fire site.
(a )Enter any land, building or structure:
(b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency.
(c) take or send any equipment or machine required to be used into, through, or upon any land, building, or structure:
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure:
(e) 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 (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either rin whole or in part) at the time of the emergency or within a reasonable time afterward.
When must fire service report a fire to Police?
When there is a fatality, serious injury or suspicious circumstances
When conducting a prelim internal exam where should you start?
From the least damaged area to the most damaged area (seat of fire)
What must you do when a fire has been started by an explosive?
Clear the scene in case a secondary device is present
What to ask an incident controller at the scene?
- The time and date the call was made and the manner it was received.
- What appliances attended.
- What state the fire was in when the Fire Service’s arrived.
- What actions were taken, particularly in the entry of the building and ventilating it after the fire.
- Whether they thought the fire was suspicious and if so why?
- Their opinions of the informants.
- Were there any people or vehicles acting suspiciously within the vicinity at the time.
- Was there information about the building security?
- Were they any alterations to the scene, ie forced doors or windows
To identify the best method of protection, you must consider?
- An assessment of;
o Inhalation of toxic particles
o Ingestion of particles
o Injection from sharp objects
o Airborne dust, particles, etc.
o Tripping of fire particles
o Falling down, over, onto, or into any of the above
o Items from above falling onto you or hitting objects - Formulate a strategy to prevent an occurrence or to mitigate the impact of the above.
What to look for in damage
caused by explosives?
Cratering, the spread of debris, an overlay of dust, shrapnel marks, and smell peculiar to the exploded material.
When do fire hand over the scene to Police?
Once the fire is extinguished and any threat to life or property no longer exists
To prove attempted arson Police must?
An intent to commit the full offence and that they took a real and substantial step towards achieving that aim
When examining a scene of explosives fire you must?
Conduct a scene exam using video and photos. Remember to continually reconstruct and request the attendance of a suitably experienced analysts who can swab for materials.
When guarding and controlling the scene you must consider?
● avoid interfering with the scene ● prevent looting ● prevent further fire or damage ● preserve evidence ● exclude and control onlookers, property owners, and other interested parties ● be vigilant and watch for suspects ● locate witnesses among onlookers and passerby's ● report all matters of significance to o/c investigations and/or crime scene coordinator
Conferences must be held during the scene exam to?
I - Identify suspects R - Reconstructing of the scene A - Assessing the information obtained P - Planning further enquiries E - Establish possible motives
Initial action - explosives
- There could be a secondary device so don’t handle or interfere with anything unfamiliar.
- Don’t use cell phones or portable radios or the like.
- Evacuate to a distance of 100m, ensure personal possessions are taken, and consider an explosives detection dog.
- If an IED is located obtain assistance from an IED operator from DOL, and consider armed services if none are available.
- Inform National Bomb Data Centre (NBDC) at PNHQ.
- Give NBDC regular sitreps
What is the difference between gas explosion and someone setting explosives?
- Explosions caused by gas generally cover a wider area than those by explosives and they do not leave a crater.
- There could also be medical evidence of inhaled gas prior.
- Implosions of cabinets
What may a surrounding area external exam may reveal?
● Accelerant containers ● Contents out of buildings missing ● Run-down property ● Apparent struggling business ● Nearby alleyways, streets, driveways ● The yards and outbuildings of the fire effected property. ● Adjoining premises often reveal; o Accelerant containers o Attempts at forced entry o Broken windows o Forced windows
Consideration of a Preliminary internal exam
● Signs of hardship
● Owner/occupier attitude during the walkthrough
● Unusual odors
● Presence of accelerant containers or trails
● Separate unrelated seats of fire
● Building areas in need of repair
● Open filing cabinets or missing files
● Missing family photos, furniture or personal items
● Burn patterns
● Lack of clothing in wardrobe and drawers
● Low stock
At the conclusion, FSO will be able to determine?
Area of origin / Point of orign / The seat of fire
272 Crimes Act 1961 Act, Section, elements
Providing Explosives to Commit and Offence - Section 272 Crimes Act 1961
- A person
- Knowingly
- Has in his or her possession or makes any explosive substance, or 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.
What is the point of origin?
The exact location where:
- A component failed.
- A fire was maliciously lit
- An accidental fire originated.
What to ask the Fire Incident coordinator during initial action? (Long Answer - know all)
● What appliances attended
● What action was taken in entering the building and ventilating it after the fire
● What info fire has about buildings security
● What alterations were made to the scene
● Whether they think suspicious and why
● Time and date of call and manner it was received
● State of fire when they arrived
● Opinions on informant
● Details of any persons or vehicles acting suspiciously in the vicinity
What to look for in a detailed internal exam?
● Smoke deposits and burn patterns
● Soot deposits on window glass and craze patterns
● Spalling (cracking/chipping of concrete as a result of being heated and cooled)
● Skirting board damage
● Damage to wall studs
● Damages to window sills and door edges
● Damage to roofing timbers
● Floor areas burned through
● Elimination of false low burns
● Removal of fire debris and underfloor inspection
In determining the seat of fire FSO will consider?
● When they first noticed the fire and where they were at the time ● State of the fire at that time ● Wind direction, speed and weather ● The direction of the spread ● Severity of the damage ● Colour of the flames and smoke ● depth of charring ● presence of starting devices ● reports and opinions of other specialists
What things suggest a fire started wilfully? (Long Answer - fknow 10)
● Evidence of the explosion
● Evidence of accelerants
● Uneven burning
● Traces in debris
● Multiple seats of fire
● Smell
● Evidence of intentional interference such as:
- Tampering with alarm or sprinkler system
- hindering access
- misdirecting firefighters
● evidence heater or other appliance left on
● inconsistencies
● valuable property removed
● foreign material and objects ie, screws and batteries
Who must you liase with at a fire scene?
The Fire Service Incident Controller
After a conference you should then?
- Appoint an exhibits officer
- Appoint a crime scene coordinator
- Advise the fire investigation coordinator
- Appoint a scribe
- Appoint a scene examiner
What is the difference between lighter and heavier gasses when they explode?
lighter than air gases explode from the ground upwards, heavier than air gases explode from the roof downwards and
cabinets implode in a gas explosion.
Was to identify potential suspects
- Circumstances of the fire
- Fingerprints
- Information from informants and witnesses
- Media response
- Police resources such as criminal intelligence, youth aid
- Enquiries at penal institutions, rehabilitation centers, and schools.
Possible Suspects
- Owner or occupier, for insurance fraud
- Employee, to cover theft, forgery, or false pretenses
- A criminal, to cover the traces of a crime such as a burglary
- An aggrieved person suffering from jealousy, hatred, rage or
desire for revenge - Pyromaniac suffering from mental illness
- In the case of school fires, a pupil or ex-pupil
- Business competitor
Exhibit Processes
- Photograph and label the exhibits, and preserve them in
containers - Use approved arson kits, if not available any suitable containers
- Take control samples
o Charred timber, ashes or debris from the seat of the fire
o Any accelerants found near the scene
o Soil from the surrounding area
Area enquire considerations
- Conduct area enquiries
- Conduct a preliminary interview with the owner, do they know;
o When the premises last secured
o Knows the cause of the fire
o Details of any suspects and insurance
o Type of business
o Actions leading up to the fire - Note the owner’s demeanor during the preliminary interview
- Obtain statements from the informant, witnesses, and owner
- Provide SITREP’s
Examples of Natural Causes of fire.
- Lightning
- Static electricity
- Sun Rays
- Chemical reactions
- Rodents eating wires
How can you link a suspect to an arson?
- Burned facial skin
- Smell of smoke
- Residue of fuel
- Products of combustion on skin
(Fires not Explosives) You can identify Suspects by means of?
- Circumstances of the fire
- Fingerprints
- Media Response
- Info from witnesses and informants
- Info from fire crews on people who regularly attend fires
- Enquiries at hospitals, prison and rehab centres
- Police INTEL, youth services or FILO
When investigating suspects you should?
Investigate them thoroughly according to priority and obtain: • Full particulars • Criminal history • Vehicles they may have accessed • Details of associates • Photographs
What enquiries should you complete to establish the suspects?
M – Motive M- Mens Rea O- Opportunity C- Connection with the scene and crime C- Character, mental background, history, movements and behavior.
Specialist Fire Investigators (SFI) attend and investigate?
- Fire where fatalities occur
- Fire where serious life threatening injuries occur
- Fire in buildings where built in fire safety features have failed or not performed to an expected standard
- Structure fires where cause is suspicious or not determined
- Significant fire spread across property boundary
What is the role of Fire Investigation Liaison Officer (FILO)?
C – Co-ordinate fire investigation training for any Police employees within area or district
A – Assist area and district with fire investigation related enquires
A – Attend every fire that results in serious injury or death
P – Providing other advice and expertise as required
C – Co – ordinate fire investigations in their designated area or districts
A – Arrange Police attendance at fire scenes where required
M – Maintain an effective relationship with the relevant Fire Service investigation liaison officer and fire specialist investigator
E – Ensure comms is maintained with Police National Fire Investigation Coordinator, Police District Intel Manager and District Manager Criminal Investigations where appropriate
What protective clothing should you use at the scene?
- Suitable helmet
- Pair of overalls
- Nose and mouth filter, full face respirator or full BA
- Gloves
- Heavy-duty footwear with steel soles and caps
Investigators often find themselves?
- Searching through an unstable structure
2. Evacuating the scene to identify the cause of the fire
What are the four main building materials and how do you identify if they are weakened.
- Timber – burning and charring
- Steel – expand, lose its strength
- Concrete – Spalling / cracking
- Masonry – deterioration of the mortar
What Initial Action steps should be taken with Fires NOT involving explosives?
- Briefly interview your informant
- Secure and control the scene
- Initial Interview of the Specialist Fire Investigator (if present) and O/C of the fire appliance to attend the scene.
- Interview the scene incident controller and find out: Date/time reported, what appliances attended, the state of the fire when services arrived, what action service has taken, what information fire service has about building security, what alterations they have made to the scene, suspicious and why?, opinion of the informant, details of suspicious people/vehicles.
- If the fire is extinguished eneusre the safety of the scene before and conduct a preliminary examination with fire services.
- If deemed suspicious then re-group and hold a briefing conference.
- Confer with other staff and determine a plan of action. (Guard / control the scene, Interview witnesses, conduct local enquiries).
- Provide sitrep to comms and request specialist units if required.
List 5 steps when conducting area enquiries with fire scene?
Step 1 – Send staff to interview people who work at other warehouses to see if any other attempted arsons.
Step 2 – Conduct a preliminary interview with the owner. Find out:
• When the premises were last secured and by whom
• Where he or she knows the cause of fire:
• Details of any suspects and insurance
• Type of business
• Actions leading up to the fire
Step 3 – Note the owner’s demeanor during the preliminary interview.
Step 4 – Complete interview and obtain formal statements from informant(s), witnesses and owner.
Step 5 – SITREP to supervisor. Be prepared to speak at the scene conference
What are the 8 Stages of a Systematic Examination of Scene of Fire?
- Prepare and organise staff and equipment, clear areas, and set clear areas of responsibilities.
- Prepare examination and arrange for the site to be examined systematically.
- Examine the exterior of the fire site.
- Conduct a detailed internal examination.
- Identify the cause of the fire.
- Interview witness at the scene.
- Photograph and label and preserve exhibits.
- Conduct area inquiries.
What powers does Fire and Emergency Act 2017 provide?
The authorised person who is in charge of personnel engaged in an emergency:
(a) may, subject to section 48, 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:
(b) may cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency:
(c) may—
(i) remove any vehicle impeding personnel; and
(ii) in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary:
(d) may remove, using reasonable force if necessary, any person—
(i) who, by his or her presence or otherwise, interferes with operations to deal with the emergency; or
(ii) who, in the authorised person’s opinion,—
(A) is in danger; or
(B) is likely to cause danger to any other person or property:
(e) 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:
(f) 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:
(g) may generally do all other things that are reasonably necessary—
(i) to protect and preserve life; and
(ii) to prevent or limit injury; and
(iii) to prevent or limit damage to property and land; and
(iv) to prevent or limit damage to the environment.
The fire service specialist fire investigator will liaise with a designated police fire investigator liaison officer or other member of police in relation to four specific matters what are these?
Handover of the fire scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence at the fire scene
