Arson Flashcards
What is section 267 (1)(a)?
Arson
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
What is section 267(1)(b)?
Intentionally OR
recklessly
And without claim of 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
What is section 267(1)(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
Section 267 (2)(a)?
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))
267(2)(b)
Intentionally OR
Recklessly
Damages by fire OR
By means of any explosive
Any property
With intent to obtain any benefit OR
Cause loss to any other person
Section 267(3)
Intentionally
Damages by fire OR
Damages by means of any explosive
Any property
With reckless disregard for the safety of any other property
Section 267(4)?
In this section at section 269 benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
What are the elements of intention?
Deliberate act with intent to prove a specified result (aim object purpose)
R v Collister
Circumstantial evidence from which an offenders intent can be inferred can include;
-offenders actions and words before during and after
-surrounding circumstances
-nature of the act itself
Definition of recklessness
Consciously and deliberately taking of an unjustified risk
R v cameron
Recklessness is established if;
-the defendant recognized there was a real possibility that his or her actions would bring about the prescribed result and/or
-the proscribed circumstances existed and
-having regard to that risk those actions were unreasonable
In regards to reckless ness what are the two tests?
The defendant consciously and deliberately ran a risk (subjective test)
Whether a reasonable person would have taken the risk (objective test)
R v tipple
A deliberate decision to the risk anyway
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it’s use or value
Damages by fire or explosive
Involves burning, charring, melting, blistering of paint or significant smoke damage
In general terms, any change in an object that impairs it’s value or usefulness may constitute as damage
What is the definition of fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat
What is the definition of explosive
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
What are examples of explosives
Gun powder
Nitroglycerine
Dynamite
Gun-cotton
Blasting powder
Fulminate of mercury or other metals
Coloured flares
Fog signals
Fuses
Rockets
Percussion caps
Detonators
Cartridges
Ammunition of all descriptions
What does the definition of an explosive not include?
Fireworks as defined in section 2 of the hazardous substances and new organisms act 1996
Firearms
Define property
Real and personal property and any real 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 knows or ought to know
Subjective Test: what was the defendant thinking at the time, did the defendant know human life was likely to be endangered
Objective Test: if there is insufficient evidence that the defendant was conscious of the risk the objective test should be applied. What would a reasonable person have thought and would they have recognized the risk?
Define danger to life
Danger to human life and someone other than the defendant
Define claim of right
Belief at the time of the act in a proprietary or possessory right in property in relation to the offence alleged. Belief can be based on ignorance or mistake of fact or of any matter of law
Four parts of belief required for claim of right?
Belief in a proprietary or possessory right in property
Belief about the property in relation to the offence alleged
Belief must be at the time of the conduct
Belief must be actually held by the defendant
Define immovable property
In general it relates to buildings and land and things grown on land. Currently fixed in place and unable to be moved even though it may be possible to make it movable
Define vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
What are some things not included in the definition of a vehicle
Pushchair
Wheel barrow
Pedestrian controlled lawnmower
Furniture
Wheelchair not propelled by mechanical power
Any rail vehicle
Define ship
Every vessel used in navigation, however propelled and includes any barge, lighter, dingy raft or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country
Define aircraft
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth. Includes any aircraft used as an aircraft of any of the armed forces of any country other than NZ
Definition of obtain
Obtain or retain for himself or herself or for any other person
R v Morley
Loss is assessed by the extent to which the complainants positions prior to the offence has been deminished or impaired
Define person in relation to arson
It includes real people but also companies and other organizations
For a charge under 267(2)(a) what is the criteris
No threat to life
Minor property
No fraud factor
What is section 268 CA 1961
Attempted Arson
Attempts to commit arson
In respect of any immovable property OR
any vehicle ship or aircraft
To be guilty of an attempt, what must a person do?
Intend to commit the offence
Take a real and substantial step towards achieving that aim
R v harpur
Conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in it’s entirety. Considering how much remains to be done is always relevant though not determinative
Define sufficiently proximate
Assessing the conduct at the relevant time
Circumstances
Any steps taken leading up to that point
Give four examples of of acts that may constitute an attempt to commit an offence
-Recon of the scene of the contemplated crime
-lying in wait, searching for or following the contemplated victim
-unlawful entry of a structure in which it is contemplated the crime will be committed
-possession of materials to be employed in the commission of a crime
The fire service specialist investigator will liaise with police about four specific 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
Section 269(1)
Intentionally OR
Recklessly
Destroys or Damages any property
If he or she knows or ought to know danger to life is likely to result
Section 269(2)(a)
Intentionally OR
Recklessly
Without claim of right
Destroys or Damages any property
In which that person has no interest
269(2)(b)
Intentionally OR
Recklessly
Without claim of right
Destroys or Damages any property
With intent to obtain any benefit
Or with intent to cause loss to any other person
Section 269(3)
Intentionally destroys or Damages any property with reckless disregard for the safety of any other property
Section 272
Proving explosives to commit an offence
Knowingly has in his or possession OR
makes any explosive substance
Or any dangerous engine or instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument, or thing to commit an offence
R v hallam
On a charge of knowingly having possession of an explosive substance, it must be proves that the offender knowingly had the substance in his possession and also knew it to be an explosive substance
When the defendant provides the explosive device to another person what must they intend?
That it is used by another person, they don’t have to know the identity of the person or the precise nature of the offence that will be committed
In terms of determining the seat of the fire list four things the specialist fire investigator should consider
Depth of charring
Severity of the damage
Presence of starting devices
Direction of the spread
Five examples of carelessness that might result in fire
Children playing with matches
Leaving clothes near heating
Ironing
Burning rubbish
Smoking
Leaving stove or Heater on
Materials used to start a fire
Candles
Matches
Cigarettes
Molotov cocktails
Timing devices
Police responsibilities at a fire scene, police must
-conduct the criminal investigation and coronial enquiry
-take responsibility for protection, collection and recording of forensic evidence
-collection and removal of evidence will only be done by police or authorised agencies
-preservation, analysis, and subsequent disposition of any such material is the responsibility of police or other such agencies
What are the powers under section 42 of the fire and emergency NZ act 2017
The person in charge of the fire service at the site may;
(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 or upon any land building or structure
(d)remove from any land or 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 vicinity of any building or structure that is on fire or otherwise endangered to be pulled down or shores up
(f) cause any building or structure to be pulled down or shored up at the time of the emergency or within a reasonable timeframe afterwards
When will the fire service notify police of a fire?
If it’s suspicious
Fire results in serious injury or death
What are fire investigation liaison officers responsible for?
-Attending every fire that results in serious injury or death
-arranging police attendance at fire scenes when required
-providing other advise and expertise as required
-assisting areas or districts with fire investigation related queries
When will fire investigators be called to investigate?
-Fires with fatalities
-Fires with life threatening fire related injury
-Significant fire spread across a property boundary
-structure fire where cause is suspicious or unknown
What is the process for control, notification and handover at fire scenes?
- Fire has authority while the fire is still going. Once extinguishes it’s handed over to the appropriate agency
- Fire will notify police if suspicious, deliberately lit or where fatalities or life threatening injuries occur
- Where police attend a fire scene and want authority over the fire scene, the designated police investigation officer will confer with the incident controller to confirm the handover process
4.fire will hand over the scene once it’s safe - If multiple agencies are investigating they will make a plan before investigation or scene examination commences
- The investigation plan will include an outline each role of each agency and how it will unfold
The specialist fire investigator will liaise with the designated fire investigation liaison officer (filo) or other member of police in relation to these matters;
Handover of fire scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence at the fire scene
Give four examples of injuries from hazards at fire scenes
Cuts/wounds from sharp objects
Ingestion of particles
Tripping on fire debris
Falling down, over, onto or into any obstructions or cavities
Items falling from above or hitting objects and causing a chain reaction
List four options for protective clothing
Helmet
Overalls
Gloves
Safety glasses
How do you minimize risk when it comes to timber fire?
When entering timber structures take note of structural members, the load they are carrying and any sound emanating from structural members
What to look out for when steel structures have fire damage?
Steel will rarely melt but at 100degrees it will be reduced to less than 10% of it’s original strength. Steel expands in heat and can cause walls to push out, when it cools it can cause collapse inwards
What is spalling?
In relation to concrete slabs Heat causes expansion of trapped moisture resulting in steam explosion. This exposes the steel reinforcement and makes the concrete fail
What happens to masonry when there is a fire?
It can crack, lean or bow or collapse
What are the four things that show evidence of the use of a Molotov cocktail
Traces of a wick in a broken neck of a bottle
Pieces of window glass from the cocktails entry
Evidence of liquid flowing down walls and under doors and furniture
Evidence of rubber bands, egg white residue, gelatine or similar substances stuck to flooring or walls
What are some examples of timing devices
Incense stick or matches cut to length
Electric timers can be used to delay the start of the fire to allow the arsonist to leave the scene
What is an example of a trailer?
Rags soaked in kerosene laid from ignition source to the site of the intended fire
Wax paper crumpled into a loose wick
What faults can start a fire?
Heating systems
Appliances
Electrical wiring
Dust extractors
What in nature can cause a fire?
Chemical reactions
Sun rays
Lightening
Spontaneous combustion
Static electricity
What steps do you follow when you get to a fire?
- Briefly interview your informant, beware they may be a suspect
- Secure and control the scene
- Initial interview of fire investigator and o/c of first fire appliance to arrive
- Interview the incident controller
- If fire is extinguished ensure safety of the scene before initial conference and prelim scene exam
- If suspicious regroup and hold a briefing conference
- Organise scene guard, conduct local enquires, identify and interview witnesses
- Give comms a sitrep and request photography etc
Which witnesses do you interview at a scene?
Person’s who found the fire
Fire fighters
Owners
Neighbours
What are scene considerations for police?
Ensure the scene isn’t interfered with
Exclusion and control of all civilians
Preserving evidence
Preventing looting
Watch for suspects
Be aware of hotspots
Report matters of significance to o/c investigation or scene coordinator
Where it is difficult to preserve a scene what are four things you can do?
Sketches
Plans
Photographs
Video recordings
Give four examples of personnel that could be required at the scene
Photography
Fingerprints
ESR
FILO
building inspector
Insurance assessor
What should the O/C investigation do before the examination?
Appoint O/C exhibits
Appoint scene examiner
Appoint crime scene coordinator (if required)
Advise the FILO
What is the point of origin?
The location where;
-the component failed
-fire was maliciously lit
-an accidental fire originated
List 4 things to take into account for an external examination
-Nearby alleyways/streets/driveways
-The yards and out buildings of the fire effected property
-the periphery of the structure itself
-adjoining premises
-sign of forced entry
What should you look for in a preliminary internal examination?
-Missing family photographs, personal items
-lack of clothing in the wardrobe
-rifled premises
-forced entry
-presence of accelerant containers
Detailed internal examination what does the Fire investigation officer do?
Takes notes of;
Smoke deposits and burn patterns
Damage to wall studs
Damage to roofing timbers
Skirting board damage
Underfloor inspection
What will the fire investigator be able to tell you at the conclusion of the investigation
Areas of origin
Point of origin
Seat of fire
What do fire investigators consider when determining seat of fire?
Witnesses reports
State of the fire at that time
Wind direction and speed, and the weather
Direction of spread
What is crazing?
Crazing of glass can be created by the rapid heating of glass and the rapid cooling of it by the application of water spray in a hot environment. It’s not an indication of use of a flammable liquid without other indicators being present
What is evidence of accelerants?
Smell
Containers
Traces of debris
Uneven burning
Evidence of intentional interference
Tampering with alarm or sprinkler system
Hindering access
Misdirecting fire fighters
Signs that furniture was rearranged to create a fire base
What are the three steps for seizing exhibits
- Photograph in situ, label, preserve them in containers
- Use approved arson kits or suitable containers
- Take control samples of
-charred timber or ashes or debris from the seat of the fire
-any accelerants
-spil from the surrounding area
What do you specifically find out when interviewing the owner?
When the premises was last secured and by who
Whether he or she knows the cause of the fire
Details of suspect
Details of insurance
Type of business
Actions leading up to the fire
Note their demeanour during the interview
Conferences must be held during the scene exam, what do they assist you with?
Assessing information obtained
Reconstructing
Establishing possible motives
Identifying suspects
Planning further enquiries
Who chairs the conference?
FILO or
Crime scene coordinator
Senior police employee present
Who should you call when removing a body from a fire scene?
Forensic pathologist
How do you package a body at a fire scene?
Best to wait for it to cool down
Wrap in bubble wrap
Lookout for for medically inserted plates, teeth or any protected finger skin to assist with identification
There are 11 steps when making general enquiries involving fires without explosives, what are they?
- Submit stuff to ESR as early as possible
- Issue an offence report
- Get written reports, photographs and plans
- Stimulate flow of information media etc
- Plan enquiries and ensure these people are interviewed
- Area canvass
- Think about possible motives, victims reputation a d financial position
- Contact the insurance company
- Check if similar fires in the locality
- Inform intelligence section and FILO about fire
- Find out weather at time of fire
- Maintain contact with owner and victim
When obtaining written reports what are some examples?
CAD report
Fire investigation report
How can you stimulate the flow of information?
-Making media releases
-Sending bully board messages to local and neighboring police
-informing staff at line up
-using special notices, if there is a pattern to the fires
What people should you ensure are interviewed?
-Owner and occupier
-person who last secured the building (what position the doors were in)
-person who found the fire (secured or not?)
-person who gave the alarm, find out why and whether the person was acting under instruction
When conducting area canvass what should you obtain statements about?
The fire
The conduct of people at the fire
People loitering before the fire
Vehicles in the vicinity before
What information do you need to get from the insurance company?
Copies of policies
Information on prior claims
Recent increase in cover?
Over insured
What should you consider if you suspect the fire is the work of a pyromaniac?
Special patrols
Prevention activity
Saturation patrols in the vicinity of fires
Immediate attendance at fires to observe the conduct and demeanour of the people present
When a fire doesn’t involve explosives how could you identify a suspect?
Fingerprints
Information from fire crews on people who regularly attend fires
Media response
When conducting enquiries about a suspect, what should you establish?
Opportunity
Motive
Means Rea
Connection with the scene and the crime
Character, mental background, history, movements and behavior
What evidence could be found when conducting a SW for a suspect?
Accelerants
Containers
Igniters
Wick fabric
Traces of debris from the scene
What places should you consider searching in relation to a suspect?
Suspects clothing, residence, vehicle and workplace
When you arrest a suspect what should you obtain?
Fingerprints
Photographs
Consider medical examination for injuries
Offender report details
Consider getting the suspect to do a reconstruction if cooperative
What are the normal investigation steps when investigating a fire?
Information gathering
Scene examination
Debris examination
Product examination
Analysis and testing
Opinion formulating
Reporting data and opinions
What questions should you initially ask yourself in relation to an Electrical fire?
Was the power to the building live?
Was the power to the area of the building where the fire started live?
Electrical continuity to the suspected electrical heat source
What are some examples of electrical fires?
Heaters with clothing near
Electric lamp and petrol igniter
Toaster with nearby curtains
Ceiling exhaust fans
What are the initial action steps for fires involving explosives?
- There may be a secondary device somewhere in or near the scene. Don’t touch anything
- Do not use cellphones, portable radios or other transmitting devices
- Evacuate the scene to atleast 100m
- Consider calling ied operator from department of labour, defence force
- Give sitreps to comms
What are the three steps when examining a scene involving explosives
Once safe do scene exam
Continually reconstruct
Use ESR
What are the seven steps you should take to identify an explosive?
- Give priority to identifying the explosive used. The more powerful the explosive the less residue it leave and the more directed the explosion
- Low powered explosives will explode in a general manner causing damage and spreading debris in the same distance in all directions. They need to be confined to things such as pipes
- Explosives that explode at a rate of 1200 - 5000 mps will cause damage in the line of least resistance blowing out windows door and light walls
- Explosives greater than 5000mps are directional.
- Some residues dissipate rapidly, this means you may need to change the way the scene exam is done
- You may also need to remove body parts before they decompose
- Record any odours
What are the requirements when reconstructing an explosion.
At a suitable site or range
Conditions as close to the original explosion as possible
As a scientific test
In close association with explosives and scientific advisors
What to look for in explosions?
Cratering
Speeding of debris
Shredding or materials
Shrapnel marks
Overlay of dust
Strange smells
What will an electric detonator look like?
Neoprene plug
Delay setting tag from the lead wire
Fragments of the electric detonator
A short circuiting shunt
What is the difference between a safety fuse, detonating cord and igniter cord
Safety fuse will be identifiable after the explosion and leaves a scorched trail
Detonation cord leaves little residual trace
Igniter cord leaves charred ash like remnant
What comes in the ESR sampling kit?
Tins
Nylon bags
Gloves
Instruction sheet
A rural fire investigation will be?
-Where the fire fighters intends to make a claim under the rural fire fighting fund
-negligence by a person or party
-suspicious fires
-multiple fires start in an area with no apparent reason
Who can be involved in investigating a rural fire?
Local council
DOC
electrical engineer
Insurance agents
When is disclosure allowed of a suspects criminal records to fire investigators
You must first check the clean slate records, if not eligible you can disclose
If eligible you cannot disclose their information
Powers under section 44 of FENZ act
-Turn off water or redirect it to create better pressure
-Close any road near the emergency to traffic and people
-Move a vehicle impeding personnel and break into it to do so if necessary
-Remove any person using force if necessary if they are interfering, are in danger or are likely to cause any person or property to be in danger
-shut of services like electricity or gas to make things safe
-may request information from owner around stuff that could help fight the fire
May do anything reasonable to preserve life, limit injury and damage, to land and the environment
What are the three non intentional causes.of fire categories
Carelessness
Nature
Faults
When you interview the incident controller what do you ask?
What appliances attended
If they think the fire is suspicious
Opinion of the informant
Details of vehicles acting suspiciously
Section 88 (1)(d) - (g)
Unlawfully interefere with fire alarm
Knowingly Cover up or conceal a hydrant
Knowingly obliterate sigh or mark distinguishing location of hydrant
With intent to deceive, impersonate member of fire service
Section 88(1)(a) - (c)
Fire service act 1975
Resist or obstructed person exercising power under act
Interfer with equipment
Knowingly have any false alarm of fire
What do you do if the precise age of the young person at the time of the offending is not known?
What charge of sexual conduct with a young person under 16 includes children under 12 too
