Arson Flashcards
267(1)(a) Crimes Act 1961
Arson with Danger to Life
(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who
(a)
- intentionally or recklessly
- Damages by fire or by means of any explosive
- any property
- if he or she knows or ought to know
- that danger to life is likely to ensue
267(1)(b) Crimes act 1961
Arson to Immovable property to which Offender has no Interest
( 1) everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who
(b)
- intentionally or recklessly
- and without claim or right
- damages by fire or by means of any explosive
- any immovable property, or any vehicle, ship, or aircraft
- in which that person has no interest 
267(1)(c) Crimes act 1961
Arson to Immovable Property with intent to obtain benefit
(1) everyone who commits arson and is liable to imprisonment for a term not exceeding in 14 years who
(c)
- intentionally damages by fire or by means of any explosive
- any immovable property, or any vehicle, ship or aircraft
- with intent to obtain any benefit or cause loss to any other person
267(2)(a) Crimes act 1961
Arson where Offender has no interest in property
(2) Everyone commits arson and is liable to imprisonment for a term not exceeding 7 years who
(a)
- intentionally or recklessly
- and without claim or right
- Damages by 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))
267(2)(b) Crimes Act 1961
Arson with intent to obtain benefit
(2) everyone who commits arson and is liable to imprisonment for a term not exceeding 7 years who
(b)
- 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
267(3) Crimes Act 1961
Reckless disregard for the safety of other property
(3) Everyone is liable to imprisonment for a term not exceeding 5 years who
- intentionally damages by fire or by means of any explosive
- any property
- with reckless disregard for the safety of any other property.
267(4) Crimes Act 1961
(4) In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, Service, or valuable consideration
R v Collister
Intent can be inferred from the circumstances
Circumstantial evidence from which an offenders intent may be inferred (3 points)
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act it self
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; and/or
(ii) that the prescribed circumstances exist; and
(b) Having regard to that risk those actions were unreasonable
Recklessness (short form definition)
Involves consciously and deliberately taking and unjustified risk
Recklessness is a test based on the defendants appreciation of the risk of the offence and their decision to run that risk anyway
R v Tipple
The court suggested as a general rule recklessness is to be given the subjective meaning. The concept is subjective in that it requires that to 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
- That the defendant consciously and deliberately ran a risk (a subjective test)
- 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).
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 definition
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.
Section 2 Arms Act 1983
Explosive
Explosive -
(a) means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic affect; and
(b) Includes gunpowder, nitroglycerin, dynamite, gun – cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, Fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
(c) Includes any device, contrivance, Or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic affect; but does not include a firearm; and
(d) Does not include any firework as defined in section 2 of the hazardous substances and New organisms act 1996
Section 2 CA 1961
Property
Property includes
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 
Can intangible property be damaged by fire?
While the statutory Definition is wide and includes a range of intangible things, only tangible property is capable of being damaged directly by fire or explosive
However intangible property maybe damaged indirectly – for example, information stored on a computer that becomes irretrievable when the computer is damaged by fire.
What is the difference in subsections in relation to property in 267 CA 1961
Under 267(1)(a) the damage may be to any property.
Matters such as the nature value and ownership of the property are not relevant; it is the risk to another persons life that raises this offending to the highest category of Arson.
paragraphs (b), and (c) Deal only with property that is, in general hire in value – immovable property meaning vehicles, ships and aircraft. It is the value of these items that raises the offending to the higher category.
Lower value property is dealt with in subsections (2) and (3) depending on the offenders intent and the risk to other property.
Simester and Brookbanks
Knowing
Knowing or correctly believing.
The defendant may believe something wrongly but cannot know something that is false. 
Life
Life in this context means human life and the danger must be to the life of someone other than the defendant
Section 2 CA 1961
Claim or 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, although that belief maybe based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Nature of Belief (4 things required to be proved)
- Belief in proprietary or possessory right in property (eg ownership or right to possess property). Includes intangible property which cannot be possessed but may be owned.
- Belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’
- The belief must be held at the time of the conduct alleged to constitute the offence.
- The belief must actually be held by the defendant.
Immovable property 267(1)(b)
The aggravating factor under 267(1)(b) is the property belongs to someone else and is generally higher in value
‘Immovable’ is not defined in property under section 2 but in general related to buildings and land and things growing in land such as forests.
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 moveable eg a relocatable building.
Sec 2 CA 1961
Vehicle
(a) Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
(b) includes a hovercraft, a skateboard, in-line skates, and roller skates; but
(c) Does not include:
(i) A perambulator or pushchair
(ii) A shopping or sporting trundler not propelled by mechanical power.
(ii) A wheelbarrow or hand-trolley
(v) A pedestrian- controlled lawnmower
(vi) A pedestrian-controlled agricultural machine not propelled by mechanical power
(vii) an article of furniture
(viii) a wheelchair not propelled by mechanical power
(ix) Any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:
(x) any rail vehicle
Section 2 CA 1961
Ship
Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the Armed Forces of any country
Section 2 CA 1961
Aircraft
Aircraft has the same meaning as the civil aviation act 1990; and includes any aircraft for the time being used as an aircraft of any of the Armed Forces of any country other than New Zealand
Section 2 Civil Aviation Act 1990
Aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise then by the reactions of the air against the surface of the earth
R v Wilson ‘interest’
In RV Wilson the defendant was attempting to manufacture methamphetamine at his rented property when the clan lab ignited and the house burnt down. In addition to drugs charges Wilson was charged with recklessly damaging the house by fire under section 267(1)(b).
The court of appeal held that as he was a tenant at the property he had an interest in it and therefore he was not liable under a charge of 267(1)(b).
Following on from R v Wilson when can a tenant be charged under 267?
(a) where the crown alleges that the damage by fire is intentional a tenant may be convicted if he or she has caused loss to any other person (1)(c)
(b) where the crown alleges that the damage by fire is either intentional or reckless a tenant may be convicted if he or she knew that danger to life was likely to ensure (1)(a)
(c) a tenant otherwise cannot be convicted or recklessly damaging the tenanted property by fire under (1)(b)
217 Crimes Act 1961
Obtain
In relation to any person, means obtain or retain for himself or herself or for any other person
267(4) Crimes Act 1961
Benefit
In this section and in section 269, benefit means any benefit, pecuniary advantage, Property, privilege, service or valuable consideration
R v Morley
Loss … is alleged to the extent to which the complaints position prior to the offence has been diminished or impaired
What does cause loss not include?
Criminality can only arise from direct loss
Indirect losses such as:
Expectation loss (loss of a bargain)
Loss of anticipated future profits
Are not included
It is not necessary that the victim’s loss results in any benefit to the offender
Person defined under sec 2 CA 1961 in relation to 267(1)(c)
Person, owner and other words and expressions of the like kind , include the crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning:
Sec 268 CA 1961
Attempted Arson
Everyone is liable for an imprisonment term not exceeding 10 years who
Attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft
What two things must a person do to be guilty of an attempt to commit an offence?
- Intend to commit the offence, and
- Take a real and substantial step towards achieving that aim
Section 72 CA 1961
Attempts
(1) 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.
(2) the question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately iconnected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence
R v Harpur
The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of crime
Section 269 CA 1961
Intentional Damage
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who
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.
(2) Everyone is liable to imprisonment for a term not exceeding 7 years who
(a) intentionally or recklessly, and without claim or right, destroys or damages any property in which that person has no interest, or
(b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit or to cause loss to any person
(3) Everyone is liable to imprisonment for a term not exceeding 7 years who
Intentionally destroys or damages any property with reckless disregard for the safety of any other property.
Sec 272 Crimes Act 1961
Providing Explosives to Commit an Offence
Everyone is liable to imprisonment for a term not exceeding 2 years who
Knowingly has in his or her possession
Or makes any
Explosive subsistence, 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 4 things will the fire service specialist fire investigator liaise with the designated police fire investigation liaison officer or other member of police about?
- handover of the fire scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the fire scene
In determining the seat of the fire list some of the matters the specialist fire investigator should consider?
- witness’s 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
Five examples of when carelessness May cause a fire
- 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
- wrapping up live ashes in paper
- ironing
- setting off fireworks
- using or storing flammable materials
- burning rubbish
- using domestic or camp fires
- leaving a stove or heater on
- leaving fat unattended while cooking
- smoking
List 5 examples of material used to start a fire
- readily available combustible material (rubbish)
- Molotov cocktails
- candles
- chemical igniters
- timing devices
- electric matches
- electrical apparatus
- matches and cigarettes
- trailers
Police responsibilities at a fire scene and investigation are:
4 points
- conduct the criminal investigation or coronial enquiry
- undertake responsibility for the protection, collection and recording of forensic evidence
- the collection and removal of material from a fire a crime scene will only be done by police or 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 and building
(b) break into any building or structure that may be on fire, near the fire or otherwise endangered
(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, near the fire or otherwise endangered any flammable, combustible, explosive, or dangerous material found in the building or structure
(e) Cause any building or structure that is on fire, near the fire or otherwise endangered to be pulled down or shored up
(f) Cause any building or structure to be pulled down or shored up at the time of the emergency or within a reasonable time afterwards
Fire investigation Protocol
What two reasons will the fire service notify police for?
- A fire results in serious injury or death
- A fire is considered suspicious
Fire scene safety
What injuries are received at fire scenes?
- inhalation of toxic substances e.g car fires emit particularly toxic and harmful gases
- ingestion of particles
- cuts/wounds from sharp objects
- air borne dusts, particles
- tripping on fire debris
- falling down, over, onto or into any obstructions or cavities
- items from above falling onto you or hitting objects and causing a chain of reaction
Fire scene Safety
What protective clothing must be worn by the on-scene investigator?
- a suitable helmet
- a pair of overalls
- a nose and mouth filter, full face respirator or full BA
- gloves
- safety glasses
- heavy duty footwear with steel soles and toe caps
Fire scene safety
What are the four main building materials and the ways to minimise their risk?
- timber - it will burn and char
When entering a timber structure take note of the thickness of structural members, the load it is carrying and any sound emanating from structural members
- steel - unprotected steel will expand and cause internal/external walls to be pushed out. With enough fuel unprotected steel will lose strength and collapse pulling walls inwards. When the heated steel is cooled by fire fighting hose or time it tends to contract and can fall off supports or may collapse during excavation
Pay attention to location and condition of steel beams and trusses
- concrete - can break away at the surface (spalling)
- masonry - masonry and brick structures can be weakened by deterioration of the mortar, wall expansion or damage to supporting or connected structural members.
Signs include: cracking, leaning or bowing or collapse of supporting floors or roof frames
6 ways fires can occur naturally
- Chemical reactions
- the suns rays
- lightning
- static electricity
- rodents eating through wiring, or building nests out of flammable material
- spontaneous combustion and ignition of damp grain, bay or wool, cloth soaked in oil, turpentine or paint, fine dust in joinery
Initial action when dealing with fires not involving explosives
Procedure on arrival (8 points)
- Briefly interview informant
- Secure and control the scene
- Initial interview of specialist fire investigator and O/C of the first fire appliance to attend the scene
- Interview incident controller
- time and date of the call
- what appliances attended
- state of fire when fire service arrived
- what action the service has taken in entering and ventilating building
- what info fire service has about the buildings security
- what alterations they have made to the scene (forced doors or windows?)
- whether they think fire is suspicious and why
- opinions of informant
- details of people or vehicles acting suspiciously in the vicinity - If fire is extinguished ensure safety of scene and conduct preliminary examination of the scene
- If deemed suspicious re-group and hood a briefing conference
- Confer with other staff and determine plan of action. Brief and deploy them to:
- guard and control the scene
- identify and interview witnesses at the scene
- conduct local enquires - Contact comms and provide SITREP, ask for assistance if necessary and specialists such as FILO, photographer, SOCO
Suspect Enquiries in respect of fires not involving explosives
Procedure - 12 steps
- identify suspects by
- circumstances of fire
- fingerprints
- information from informants and witnesses
- media response
- police resources: intelligence, youth services or FILO
- enquiries at schools, prisons, psych hospitals, rehabilitation centres
- information from fire crews on people who regularly attend fires - Possible suspects may include:
- owner/occupier for insurance fraud
- employee to cover theft, forgery
- criminal to cover traces of a crime such as burglary or homicide
- aggrieved person suffering jealousy, hatred, rage prejudice or a desire for revenge
- a pyromaniac with mental health
- if school related - pupil or ex pupil
- member of fire service for recognition
- a business competitor to disadvantage rival - Investigate suspects thoroughly and according to priority. Obtain their:
- full particulars
- criminal histories
- details of any associates
- photograph - Consider Surveillance
- Complete enquiries to establish the suspects
- opportunity
- motive
- mens rea
- connection with the scene and crime
- character, mental background, history, movements behaviour - Consider SW - search clothing, residence, vehicle, work-place. Evidence includes:
- accelerants
- containers
- igniters
- Wick fabric
- debris from scene - Interview suspect
- Consider photo montage
- Complete enquiries to corroborate or negate suspects explanation
- Advise supervisor and obtain authority to prosecute
Powers and duties
While fire is being fought
All police must cooperate with the person in charge of the fire service at a fire, suspected fire or emergency
What powers does fire person in charge of operations have? Section 28 fire service act 1975 (5 points)
- enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty 28(4)(b)
- close roads 28(4)(h)
- Remove vehicles impeding the Fire Service. If necessary, they can break into vehicles for that purpose 28(4)(I)
- remove people who are in danger or interfering with operations, using reasonable force if necessary 28(4)(j)
- do anything else that is reasonably necessary for the protection of life and property 28(4)(n)
Police may exercise these powers if called upon to do so by the member of fire service in charge
Fire investigation protocol
What is the fire service and police memorandum of understanding
(MOU) 2 points
- investigations of fire scenes by the fire service and police are efficiently coordinated and expertly and independently conducted
- any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries
What is a FILO and their responsibilities (8 points)
Fire investigation Liaison Officers (FILOs)
- attending every fire that results in injury or death
- coordinating fire investigations in their designated area or district
- arranging police attendance at fire scenes where required
- maintaining effective working relationships with FSILO and fire service specialist Fire Investigators
- assisting areas or districts with fire investigation related queries
- ensure communication is maintained with the police national fire investigation coordinator, police district intelligence manager, and districted manager criminal investigations
- coordinating fire investigation training for any police employees within the area or district where needed
- providing other advice and expertise as required
What is a specialist fire investigator and their duties? 7 points
Specialist fire investigator has specialist training in fire investigation techniques
They are called to attend and investigate:
- fires with fatalities
- fires with life threatening or serious injuries
- structure fires where cause is suspicious or 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 3rd alarm equivalent (at least six appliance) or greater, that may have a significant regional or national consequence
- any other fire upon request from police or another agency
What is a Fire Service Investigation Liaison Officer (FSILO) and their responsibilities ( 2 points)
FSILO - designated one in each area
- arranging fire service specialist fire investigator attendance at fire scenes where requested by police
- establishing and maintaining effective working relationships with relevant police FILO’s in their respective areas
Preserving a fire scene
Guarding and controlling scene
Scene security considerations for police are? (8 points)
- Ensuring the scene is not interfered with
- exclusion and control of on-lookers, property owners and other interested parties
- preserving evidence
- preventing looting
- be aware of re-ignition from hotspots after fire has been extinguished
- be vigilant and watch for possible suspects
- identify any witnesses among onlookers and passers-by
- report all matters of significance to the O/C investigation and/or scene coordinator
Preserving a fire scene
Fire scene contamination
What things are considered to assist in scene preservation?
- Scope - what needs to be preserved; single room, entire building, outside areas
- cordon - identify the centre of the scene, tape off outside, what is most obvious item of evidence that is furthest away from centre of scene
- common approach path - all traffic should be limited to corridors I.e paths keeping disturbance to a minimum
- when scene cannot be preserved (demolition) sketches, photographs, plans, video recordings
Preserving a fire scene
What types of personnel may be called on?
- FILO
- ESR
- Rural fire investigator
- photographer
- fingerprint section
- explosives inspector
- electrical inspector
- building inspector
- insurance assessor
- accountant
- forensic mapper
- pathologist
- vehicle inspector
- civil aviation inspector
- mines inspector
- forestry expert
- agricultural expert
- marine surveyor
- heating engineer
- meteorologist
Conferences
What do they assist with (5 points and possible people attending
Conferences must be held during the scene examination to assist you with:
- assessing info obtained
- reconstructing
- establishing possible motives
- identifying suspects
- planning further enquiries
People attending could include:
- O/C CIB
- crime scene coordinator
- FILO
- OC investigation
- Investigation officers
- specialist fire investigator
- photographer
- soco
- other specialists as required
Chaired by FILO, crime scene coordinator or Senior police employer
Fires involving explosives
Initial action (5 points)
- remember that there may be a secondary device anywhere at the scene, including in a nearby building or vehicle. Do not handle or interfere with anything unfamiliar
- do not use cellphones, portable radios, or other transmitting devices
- evacuate the scene to a distance of at least 100m. Consider using explosives detector dog to locate the device
- if the IED is located obtain assistance from IED operator from department of labour. If no DOL a operator available consider using defence force expert
- give regular SITREPs
Fire involving explosive
Examining the scene 3 points
- once scene has been declared safe conduct a scene examination. Use video and photographs
- remember to continually reconstruct
- request attendance of ESR
Fires involving explosives
Identifying the explosive (7 points)
- give priority to identifying explosive used as this evidence will be crucial to prosecution
- a low powered explosive will explode in a general manner, causing damage and spreading debris over roughly same distance in all directions
- explosives that explode at a rate of 1200-5000metres per second are characterised by damage occurring in least line of resistance
- explosives that explode at a greater rate of 500 mps so so in a directional manner
- modern explosive residues are often slight and dissipate rapidly, the OC scene may need to authorise the expert to enter the centre of the scene before it has been fully examined
- may be necessary to remove body parts promptly before decompose and animal and insect activity contaminates scene
- record impressions of any odours you detect
Explosions
What to look for
Characteristic damage (6 points)
- cratering
- spread of debris
- shredding of materials
- a smell peculiar to the exploded material, eg the smell of almonds
- an overlay of dust
- shrapnel marks
Explosions
What to look for
6 things
- containers
- non electric detonator
- electric detonator: lead wire, neoprene plug, short circuiting shunt, delay setting tag
- safety fuses
- detonating cord
- igniter cord
- associated items
