Arson Flashcards
Define knowledge
Simester and Brookbanks
Knowing means “knowing or correctly believing” … the defendant may believe something wrongly, but cannot “know” something that is false.
Define recklessly.
Consciously and Deliberately took a risk
The risk was unreasonable in the circumstances
Cameron v R
R v Tipple
Define property.
s2, CA 1961
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.
Define ‘life’. Consider what life is NOT.
Life in this context means human life, and the danger must be to the life of someone other than the defendant.[Does not include animal life, and cannot be the life of the defendant himself]
Define claim of right.
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
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Define obtain
s217, CA 1961
Obtain or retain for himself or herself or for any other person.
Define benefit.
s267(4), CA 1961
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Define loss.
R v Morley
Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
List three examples of circumstantial evidence from which an offender’s intent may be inferred.
offender’s actions and words before and after event
surrounding circumstances
nature of the act itself
Discuss the process which produces fire.
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Define explosive.
s2, Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
Includes: gun powder, gelignite, detonators
Does not include: firearms, fireworks[, molotof cocktail]
Discuss the subjective/objective test in relation to knowledge in 267(1)(a).
Subjective test: What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Objective test: What would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?
Outline the circumstances and findings of the key case law in regards to INTEREST in property.
In R v Wilson defendant was attempting to manufacture methamphetamine at his rented property. The clan lab ignited and the house burned down. In addition to drugs charges, Wilson was charged with recklessly damagin the house by fire under s267(1)(b).
Court of Appeal ruled that he could not be convicted of arson as his tenancy of property was an interest in that property and therefore provided him with a defence.
Outline the legislation in regards to Attempted Arson
s268, Crimes Act 1961
Attempted Arson
Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.
What are the two elements to be proved for attempted arson?
intent to commit the offence
a real and substantial step towards achieving that aim
Outline the legislative definition of Attempts.
s72(1), Crimes Act 1961
Attempts
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What is the ‘must know’ case law regarding a defendant’s conduct being sufficiently proximate to the offence?
R v Harpur
the defendant’s conduct may be considered in its entirety
Legally you are allowed to set fire to or damage your own property, however, there are exceptions to the general rule. What are these exceptions?
you intend to cause loss to someone else as a result of the fire
you know or ought to know that the fire will endanger life
know that the fire is likely to destroy or damage someone else’s property as a consequence
Define the offence of providing explosives to commit an offence.
s272, 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 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.
Section 28, Fire Service Act 1975 infers powers to the person in charge of the Fire Service at a fire. What are those powers?
The right to:
-enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
-close roads
-remove vehicles impeding the Fire Service. If necessary can 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
List five common methods of setting fires.
Candles
Chemical igniters
Electrical apparatus
Electric matches
Matches and cigarettes
Molotov cocktails
Timing devices
Trailers
Upon arrival at a scene, the incident controller needs to be spoken to. What needs to be found out from the incident controller?t
- 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 wh
How should an arson scene be examined?
The scene should be examined systematically, from the outside in.
What is the point of origin?
The exact location at which
a component failed
a fire was maliciously lit, OR
an accidental fire originated
What needs to be taken into account during an external examination?
Distance debris scattered, particularly if drums or cylinders have exploded
Nearby alleyways/streets/driveways
Adjoining premises which often reveal accelerant containers, forced entry attempts, broken windows, forced doors.
Yards and outbuildings
Periphery of structure itself
What might an examination of the surrounding area of the premises reveal?
Accelerant containers
Business is struggling
Contents of outbuildings missing
Property run down
What may be found in an examination of a damaged structure?
Jemmy marks or other signs of forced entry
Window glass broken before fire
Burn patterns above doors/windows and V burn patterns on external cladding
What 14 indicators should be noted during a preliminary internal examination?
Burn patterns
Lack of clothing in wardrobe, drawers
Areas of building needing repairs
Missing family photos, furniture, personal items
Position of clothes if not in wardrobe or drawer
Open filing cabinets or missing files
Low stock levels in commercial premises
Accelerant containers or trails present
Rifled premises
Hardship signs
Owner/occupier attitude
Unusual odours
Separate unrelated seats of fire
Entry forced into an empty till
What will the Specialist Fire Investigator be looking for when you accompany them on a detailed internal investigation? List 10.
smoke deposits and burn patterns
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
List 10 factors to consider when determining the cause of the fire?
evidence of accelerants
evidence of intentional interference
evidence of intentional removal of valuable property or substitution of property
signs that furniture was rearranged to create a fire base
signs that windows and skylights were opened to create a draught
signs a crime had been committed
signs that a heater, soldering iron or other electrical appliance has been left on
foreign material and objects, such as screws/batteries, that might be part of a device
inconsistencies
unusual burn patterns or unusual time factors
When conducting general enquiries for a fire not involving explosives, certain people need to be interviewed. List the people to be interviewed.
The owner and occupier of the premises.
The person who last secured the building. Find out what position the doors and windows were left in.
The person who found the fire. Find out whether the premises were secured at the time.
The person who gave the alarm. Find out why and whether the person was acting under instructions.
In what ways might suspects be identified?
Police resources such as Intelligence and Youth Services sections or the Fire Investigation Liaison Officer
Information from informants and witnesses
Circumstances of the fire
Media response
Enquiries at prisons, psychiatric hospitals, rehabilitation centres and schools
Fingerprints
Information from fire crews on people who regularly attend fires
Outline the initial action steps for a fire involving explosives.
Do not touch
Do not use cell phones & portable radios
Evacuate the scene
Ensure people bring their personal possession.
Use explosives detector dog
IED operator
SITREP
In the case of a fire involving explosives, the O/C may be required to authorise an expert to enter the centre of the scene. How should this be done?
create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates (this may involve some exhibits being trampled underfoot)
have the ESR analyst start swabbing the area immediately (work outwards from the seat of the explosion)
vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue.
Give some examples of characteristics of explosives damage.
cratering
an overlay of dust
shrapnel marks
spread of debris
shredding of materials
smell peculiar to the exploded material
How do you tell the difference between an explosion caused by gas and an explosion caused by explosives?
Gas
covers a wider area
doesn’t leave a crater
lighter-than-air gases blow out at the top of a wall; heavier at the bottom
implosion of cabinets
What are you aiming to find out when conducting a preliminary interview of an owner or occupier of a premises?
type of business
actions leading up to the fire
when the premises were last secured, and by whom
whether he or she knows the cause of the fire
the details of any suspects and any insurance
Vehicle
s2, Land Transport Act 1998
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Ship
s2, CA1961
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.
Aircraft
s2, Civil Aviation Act 1990
Means 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,
List elements of s267(2)(a)
Intentionally OR Recklessly
And without claim of right
Damages by fire OR Damages by means of explosive
Any property (other than property listed in section 267(1)) in which that person has no interest
List the elements of s267(2)(b)
Intentionally OR Recklessly
Damages by fire OR Damages by means of explosive
Any property (other than property listed in section 267(1))
With intent to obtain any benefit OR Cause loss to any person
List five signs that an accelerant may have been used
containers
traces in debris
smell
unusually rapid spread or intensity of fire
uneven burning
burning under or behind boards where the liquid has run through the cracks
multiple seats of fire
Case law used to define damages by fire.
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.
What does the Specialist Fire Investigator consider when determining the seat of the fire?
witness’ reports - When they first noticed the fire, Where they were at the time, What the state of the fire was at that time
direction of wind and its speed and the weather
direction of spread
damage severity
colour of the flames and smoke
charring depth
‘starting devices’ present
specialists reports and opinions
How do you guard and control the scene of a suspected Arson?
WOOD PILE:
WATCH - be vigilant and watch for suspects
ONLOOKERS - locate witnesses among onlookers and passersby
O/C INVESTIGATION - report all matters of significance to the OC investigations and/or scene coordinator
DAMAGE - prevent further fire or damage
.
PROPERTY OWNERS - exclude and control onlookers, property owners and interested parties
INTERFERING - avoid interfering with the scene
LOOTING - prevent looting
EVIDENCE - preserve evidence
What is S267(1) (a) CA1961? 14 years
(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
What is S267(1)(b) CA1961? 14 years
(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; or
What is S267(1)(c) CA1961? 14 years
(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 to cause loss to any other person.
What is S267(2)(a) CA1961? 7 years
(a)
intentionally or recklessly,
and 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)); or
What is S267(2)(b) CA1961? 7 years
(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.
What is S269 CA1961?
Intentional Damage
(1) 10 years = 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) 7 years who—
(a) intentionally or recklessly, and without claim of 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 with intent to cause loss to any other person.
(3) 7 years = intentionally destroys or damages any property with reckless disregard for the safety of any other property.
What are some common electrical sources of a fire? (HITS)
A bar heater turned on to face a wall or item of furniture
An iron left flat on a surface
A pop-up toaster with the lever tied down, so that material left inside will ignite
A pan of fat or flammable liquid left on the stove; or a vat of fat in a fish and chip shop
Explain how you can determine the seat of the fire?
witness 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, and the weather
the direction of spread
the colours of the flames and smoke
the severity of the damage
the depth of charring
the presence of ‘starting devices’
the reports and opinions of other specialists
What are some characteristics of where explosives are used?
The nature of the damage can identify that an explosive was used:
- a low powered explosive will explode in a general manner causing damage and spreading roughly the same distance in all directions
What evidence should you be looking for when you apply for a Search Warrant?
Search the suspects clothing, residence, vehicle and work-place. Evidence should include:
accelerants
containers
igniters
wick fabric
traces of debris from the scene
(photograph evidence in situ before seizing)
What do you do in an external scene exam?
An external examination takes into account:
adjoining premises which often reveals
accelerant containers
attempts of forced entry
broken windows
forced doors
nearby alleyways/streets/driveways
the yards and outbuildings of the fire effected property
what distance debris was scattered, particularly if drums or cylinders have exploded
The surrounding area of the involved premises may also reveal:
- B CAP
Business struggling
Contents missing
Accelerants
Property run down
The damaged structure itself may reveal:
jemmy marks or signs of forced entry
window glass broken before the fire was ignited
burn patterns above doors and windows and V shaped burn patterns on external cladding
When will a specialist fire investigator be called?
Specialist fire investigators will be called to attend and investigate:
fires where fatalities occur
fires where serious (life threatening)fire related injury has occurred
structure fires where the 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
What are some non-intentional causes of a fire?
(Carelessness, faults, nature)
Carelessness:
kids playing with matches
leaving clothes near a heater
burning rubbish
smoking
ironing
leaving a stove or oven on
Faults:
heating systems
appliances
electricity wiring (shorting)
broken powerlines
Nature:
the suns rays
lightening
rodents eating through wiring
chemical reactions
What re some indicators that a fire has been lit intentionally/wilfully?
MOVIE MASTER
MOVIE MASTER
MULTIPLE seats of ire
OPEN windows
VALUABLE property removed
INTENTIONAL INTERFERENCE
EXPLOSIVES
MISDIRECTING firefighters
ACCELERANTS
SMELL
TRACES in debris
ELECTRICAL APPLIANCE
RAPID SPREAD
When making enquiries into a suspect (not involving explosives) what are the 12 steps?
ID the suspect (circumstances, FP, info from informants/witnesses)
Possible suspects may include (owner/occupier, employee, criminal, aggrieved person, pyromaniac, pupil/ex-pupil, member of the fire service, business competitor)
Investigate the suspects thoroughly and according to priority. Obtain their:
- full particulars
- criminal histories
- details of any motor-vehicles to which they have access to
- details of any associates
- photographed
Consider surveillance
Complete enquiries to establish the suspects: opportunity, motive, mens rea, connection with the scene and offence, character etc.
Consider a SW (search the suspects clothing, home, motor vehicle, workplace - evidence includes accelerants, containers, lighters etc.)
Interview the suspect and obtain a recorded statement covering the ingredients of the offence
Consider a photo montage
Complete enquiries to corroborate or negate the suspects explanation
Advise your supervisor - consider whether the ingredients of the offence are met - obtain authority to prosecute
Arrest the suspect and obtain:
- FP, Photograph, consider medical exam for injuries, offender report details, consider getting the suspect to do a reconstruction if cooperative
Complete correspondence and prosecution file
What is the process for arson exhibits?
PUT
Photo and label the exhibits, and preserve them in containers
Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
Take these control samples:
charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
any accelerants found near the scene
soil from the surrounding area
When identifying the suspect, what are some points to consider? (How)
The circumstances of the fire
DNA/FP
Information from informants and witnesses
Info from fire crews on people who regularly attend fires
Media response
Police resources eg. Intel, YAS, Fire investigation liaison officer
Enquires at the prison, psychiatric hospitals, rehab centres, and schools
Initial action - when you speak to the fire incident controller, what questions do you ask him?
FA MASSIVE
FIRE state when the service arrived
APPLIANCES that attended’
MANNER of call, time,date
ALTERATIONS to the scene
SECURITY of building
SUSPICIOUS, and why
INFORMANT opinion
VEHICLES
ENTERING the building
A guy steals a car and burns it, what is he liable for?
S267(1)(b)
Intentionally
W/O claim of right
Damages by fire
Any vehicle
In which that person has no interest
S267(1)(c)
Intentionally
Damages by fire
Any vehicle
With intent to cause loss to any other person
What is the definition of an explosive?
Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect; and includes:
gunpowder
gun-cotton
dynamite
blasting powder
coloured flares
fog signals
fuses
rockers
ammunition of all descriptions
Does not include any firework.
What constitutes as damage by fire?
Fire damage will often involve burning or charring,
it is not necessary for the property to actually set alight;
melting, blistering of paint, or significant smoke damage may be sufficient.
When must the fire service report a fire to Police?
Serious injury, fatality, or suspicious
When conducting a prelim internal examination, where should you start?
From the least damage area to the most/seat of the fire. Usually this is the outside to inside.
What must you do when a fire has been started by an explosive?
Clear the scene incase of a second device being present…
Who must you liaise with at the fire scene?
Fire service incident controller
A person can be held criminally liable for recklessness if?
They know or ought to know life or property is in danger or could be damaged.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or impairment to its use or value.
What is the difference between a gas explosion and someone setting off an explosive?
Explosions caused by gas generally cover a wider area than those cause by explosives
Explosives cause catering
Medical evidence - one or more of the suspects or victims may have inhaled gas prior to the explosion
A person who is renting a house burns it down accidentally when they leave their food on the stovetop. Are they criminally liable?
No
What is S28 of the Fire Service Act? (list 4 points)
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. If necessary they can break into the vehicles for that purpose
Remove people who are a danger or interfering with operations, using reasonable force if necessary
Do anything else that is necessary for the protection of life and property
Surrounding areas external examination may REVEAL what? list 4
B CAP
Business struggling
Contents missing
Accelerants
Property run down
At the conclusion of the examination, the fire service will be able to determine what?
TAP
The seat of the fire /
Area of origin /
Point of origin
To identify the best method of protection, you must consider what?
An assessment of:
inhalation of toxic substances
ingestion of particles etc.
injection from sharp objects
airborne dusts, particles etc.
tripping on fire debris
items from above falling onto you
A strategy to prevent an occurrence or to mitigate its impact.
