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.
Conferences must be held to assist you with
I REAP
identifying suspect
reconstruct
establish motives
assess information
planning further enquiries
In determining the seat of the fire, the specialist fire investigator will consider…
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
During initial action, who do you interview first?
Informant
Specialist fire investigator
OC of the first fire appliance
Incident controller
Clean path method (or common approach path) - what is it?
It is the path that people use within the scene. They should be limited to ‘corridors’ i.e that paths which will keep disturbance of the scene to a minimum.
The investigator should should search the areas to be used as corridors prior to any traffic to reduce the possibility of evidence being introduced to the scene after the event.
Enquiries with insurance companies
VICOR
Contact the insurance company promptly to obtain the services of an assessor to:
VALUE the building and the damage particulars of the insurance on the premises
INFORMATION on former claims
CONTENTS copies of their proposals
OVER-INSURANCE
RECENT increases in the cover
What do you take note of and observe when the fire safety officer is conducting their detailed internal examination?
SSSDDDFoSURE
SMOKE deposits and burn patterns
SOOT deposits on window glass and craze patterns
SPALLING
DAMAGE to wall studs
DAMAGE to roofing timbers
DAMAGE to window sills and door edges
FLoOR areas burned through
SKIRTING board damage
What are the police responsibilities with Arsons
The Police must:
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 crime scene will only be done by Police or other agencies with authority to remove evidence
the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency
What do you do in initial action involving explosives?
remember that there could 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 cell phones, portables or the like
evacuate the scene to a distance of at least 100 meters
if the ied is located, immediately obtain assistance of an IED operator from the dept. of labour
inform the national bomb data centre at PNHQ, using the ‘bomb/explosive/IED report’ form
give the national bomb data centre regular SITREPS.
During a preliminary examination, what are some indicators that you should take note of?
FOOL SURF
FORCED entry into an empty till
OPEN filing cabinets or missing files
OWNER/OCCUPIER attitude during walkthrough (if access is permitted)
LOW stock
SIGNS of hardship
Seperate UNRELATED seats of fire
Building areas in need of REPAIR
Missing FAMILY PHOTOS, furniture and personal items
What should be established after a conference?
Appoint an exhibits officer
Appoint a Crime Scene Coordinator (if required)
Appoint a scribe
Appoint a scene examiner
Advise the fire investigator
What are some characteristics of damage caused by explosives?
cratering
spread of debris
shredding of materials
a smell peculiar to the exploded material i.e. smell of ‘almonds’
an overlay of dust
shrapnel marks
Whats the initial action with fires not involving explosives?
IS FISH PC
Briefly interview your INFORMANT
SECURE and control the scene
Initial interview of the of the FIRE safety officer/OC of the first fire application to attend the scene
Interview the INCIDENT CONTROLLER at the scene before an initial conference
If fire is extinguished, ensure SAFETY of the scene before an initial conference
Regroup and HOLD a briefing conference if deemed suspicious
Confer with other staff and determine a PLAN of action
CONTACT the comms room and supply a sitrep. Ask for assistance if necessary, and the attendance of specialist photographer
What questions do you ask the owner of an Arson?
SCATS
S.C.A.T.S
When the premises was last SECURED, and by whom
Whether he or she knows the CAUSE of the fire
ACTIONS leading up to the fire
TYPE of business
The details of any SUSPECTS and any insurance
Possible suspects may include who?
the owner/occupier - for insurance fraud
an employee - to cover theft or forgery or false pretences
a criminal - to cover the trees of a crime such as burglary or homicide or to intimidate other victims of a protection racket
an aggrieved person - suffering from jealousy, hatred, rage, prejudice or a desire for revenge
a pyromanic suffering from a mental illness
in the case of school buildings - a pupil or ex-pupil
a member of the fire service - for excitement or persona; recognition
a business competitor - to disadvantage a rival
Protective clothing must be worn by the on-scene investigator, what items are required?
a suitable helmet
a pair of overalls
nose and mouth filter, a full face respirator or full BA (if required and qualified)
gloves
safety glasses
heavy duty footwear with steel soles and toe caps
What are the different types of witnesses that could be interviewed during initial action phase?
person who found the fire, raised the alarm and informed the Police
fire fighters
occupants and their visitors
employees including cleaning staff
owners
neighbours
spectators
local Police
reporter and photographers
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 proscribed result; and/or
ii) that the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable
What are the two parts to Cameron v R?
a) the subjective test - the defendant recognised the risk the offence anticipates as being possible. The defendant does not need to consider the risk significant
b) subjective and objective test - whether the defendants actions were objectively reasonable given the risk the defendant understood.
What are THREE examples of circumstantial evidence when proving intent?
the offenders actions and words before, during, and after the event
the surrounding circumstances
the nature of the act itself
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it use of value.
When recklessness is an element in an offence, what must be proved? (2 things)
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 responsible person would have taken the risk)
What is fire?
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.
What is the nature of belief required for ‘claim of right’?
There must be a belief that relates to an element of ownership of the property in question or right to take or retain possession of it.
The 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.
In terms of a Tennant and their interest in property, what is provided in S267?
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 person (1c)
where the Crown alleges that the damage by fire us either intentional or reckless a tenant may be convicted if e or she knew that danger to life was likely to ensue (1a)
a tenant otherwise CANNOT be convicted of recklessly damaging the tenanted property by fire
Is it necessary for the victims loss to result in a benefit for the offender?
No
The term person not only includes real people but who else?
Companies and their organisations.
What is the difference between 267(1) and 267(2) in relation to property?
Subsection 2 relates to forms of property other than immovable property, vehicles, ships and aircrafts.
What must you do to be guilty of ‘attempted Arson’?
intend to commit the offence, AND
take a real and substantial step towards achieving that aim
Define ATTEMPTS
S72 CA1961
(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 circumstances it was possible to commit the offence or not.
(2) The Q whether an act done or omitted with intent to commit an offence is or not only preparation and is too remote to constitute an attempt to commit it, is a Q of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any unequivocally showing the intent to commit that offence
R v Harpur
The defendants conduct may be considered in its entirety.
What are some examples that may constitute an attempt?
lying in wait, searching for or following the contemplated victim
enticing the victim to go to the scene of the contemplated crime
recon the scene of the contemplated crime
unlawful entry of a structure, vehicle, or enclosure in which it is contemplated the crime will be committed
possession, collection or fabrication of materials to be employed in the commission of the crime
soliciting an innocent agent to engage in conduct constituting an element of the crime
What is S269 CA1961?
Intentional Damage
(1) 10 years = intentionally or recklessly destroys or damages ay property if he or she knows or ought to know that danger to life is likely to result.
(2) 7 years = who -
a) intentionally to recklessly, and without CoR, destroys or damages any property in which that person has no interest; or
b) intentionally to recklessly, and without CoR, 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 is S272 CA1961?
Providing explosives to commit an offence
2 years = knowingly has in his possession or make any explosive substance, or any dangerous engine, instrument, or thing, with intent to use or enable another person to us the substance, dangerous engine, instrument, or thing, to commit an offence.
What is meant by “engine” and “instrument” under S272 - Providing explosives to commit an offence?
A device intended to explode or cause fire or emission of noxious things.
What are the elements of Arson in S267(1)(a)?
intentionally or recklessly
damages by fire or by means of any explosive
any property
knowing or ought to know that
danger to life is likely to ensue
Legally you are allowed to set fire to your house unless what?
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
you know that the fire is likely to destroy or damage someone else property as a consequence
What are the four specific matters that the Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police?
handover of the fire scene
access to the fire scene
process for examination and investigation
identification and collection of evidence at the fire scene
What are some materials used to start a fire?
rubbish
molotov cocktails
candles
chemical igniters
timing devices
electrical matches
electrical apparatus
matches and cigarettes
Natural causes of fire
Fire can be caused naturally by any combination of fuel, heat source and air.
Factors include:
* Chemical reaction
* The sun’s rays
* Lighting
* Static electricity
* Rodents eating through wiring, or building nests out of flammable material
* Spontaneous combustion and ignition of, for example, damp grain, hay or wool; cloth soaked in oil, turpentine or paint; fine dust in joinery factories or mills
Power under the fire service Act 1975 – S28
The person in charge of the fire service is charged with the direction of operations at a fire under sec 28, Fire Service Act 1975.
These powers confer the right to:
* Enter private property when it is on fire, or when entry is essential to perform a necessary duty
* Close roads
* Remove vehicles impeding the Fire Service. If necessary, can break into vehicles for that purpose
* Remove people in danger or interfering with operations, use reasonable force necessary
* Do anything else that is reasonably necessary to protect life and property
Use of Fire Service powers by Police
Police may exercise these powers if called upon to do so by the person in charge of the fire service.
* Police have no right to exercise these powers just because they are present at the fire
Purpose of Memorandum of Understanding (MOU) between Police and Fire Service
Ensure investigations of fire scenes are efficiently coordinated, and expertly and independently conducted, and
- Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries
The fire service will notify the police if
A fire results in serious injury of death, or
* A fire is considered suspicious
Role of Fire Investigation Liaison Officer (FLIO)
- Attend every fire that results in serious injury or death
- Co-ordinating fire investigations in their designated area or district
- Arrange police attendance at fire scene where required
- Assist area and district with fire investigation related queries
- Coordinate fire investigation training for police employees in the area and district
- Provide other advice and expertise as required
Specialist Fire investigators will be called to attend and investigate:
- Fires where fatalities occur
- Fires where serious life-threatening fire related injuries occur
- Structure fires where the cause is suspicious or not determined
- Significant fire spread across property boundaries
- Fires in buildings where fire safety features have failed
- Any other fire, upon request from Police or another agency
What is a fire service investigation liaison officer (FSILO)?
A staff member from the fire service. They have responsibility for:
* arranging specialist fire investigator attendance at scenes where requested by police and
* establishing and maintaining effective working relationships with police FILO in respective police areas.
What the specialist Fire Investigator and fire investigation Liaison Office discuss:
- Handover of the scene
- Access to the fire scene
- Process for examination and investigation
- Identification and collection of evidence at the fire scene
Police responsibilities at a fire scene examination and investigation
Police must:
* Conduct the criminal investigation or coronial enquiry
* Undertake responsibility for the protection, collection, and recording of forensic evidence
6
* Collect and remove material from the fire crime scene
* Preservation, analysis, and subsequent disposition of any such material
Common methods of setting fires:
- Candles
- Chemical igniters Potassium permanganate, sugar and glycerine Potassium chlorate, sugar and sulphuric acid
- Electrical apparatus
A bar heater turned to face a wall or furniture An iron left flat on a surface - Matches and cigarettes
- Electric matches
- Molotov cocktails
- Timing devices
Carelessness that might result in a fire:
- Kids playing with matches or lighters
- Vagrant’s lighting fires for warmth that get out of control
- Ironing
- Setting off fireworks
- Smoking
- Leaving a stove or heater on
- Leaving fat unattended while cooking
Evidence of wilful causes of fire
- Evidence of explosive
- Evidence of accelerants
- Evidence of intentional interference
- Intentional removal of valuable property
In determining the seat of the fire, the SFI (specialist Fire Investigator) will consider:
- Wind direction and speed, weather
- Witness reports
- The colour of the flames and smoke
- The direction of spread
What to ask incident controller at the scene
- Time and date the call was made and the manner it was received
- What appliance attended
- What state the fire was in when fire arrived
- Whether they thought the fire suspicious and if so why?
What conferences assist with and who attends
- Identifying suspects
- Reconstructing of a scene
- Assessing information obtained
- Planning further inquires
- Establishing possible motives
ATTENDS
* O/C CIB
* O/C Investigation
* Police photographer
* Fingerprint technician / SOCO
Power of authorised person in relation to land, building or structure. Section 42 (1) – Fire and Emergency New Zealand Act 2017
- Enter and land building or structure
- Break into any building or structure that may be on fire or otherwise endangered
- Take or send any equipment or machine required into, through or upon any land, building or structure
- Remove from any land, building or structure that is on fire or otherwise endangered, any flammable, combustible, explosive, or dangerous material
- Cause any building or structure that is on fire or otherwise endangered to be pulled down of shored up at the time of the emergency or within a reasonable time afterwards
How to link a suspect to an arson
- Burnt facial skin
- Products of combustion on skin
- Smell of smoke
- Residue of fuel
Suspect enquires - Step 5 complete enquires to establish the suspects
- Motive
- Men’s Rea
- Opportunity
- Connection with the scene and crime
- Character, mental background, history, movements, and behaviour
Protective clothing that should be worn at a scene
- Helmet
- Nose and mouth filter
- Overalls
- Gloves
- Footwear with steel soles and caps
People who should be interviewed
- Owner/ Occupier of the house
- Person who last secured the house
- Person who found the fire
- Person who gave the alarm
- Bystanders
- People loitering
- Media
- Local Police
Guarding and controlling a fire scene
- Watch for possible suspects
- Avoid interference with the scene
- Prevent looting
- Prevent further fire damage
- Preserve evidence
Steps to follow in relation to an exhibit at a fire scene
- Photograph in situ, label the exhibits and preserve them in containers
- Use approved arson kits if available, if not use suitable containers
- Take control samples such as: charred timber and ashes or debris from the seat of fire, any accelerant find near the scene, soil from surrounding the area
The point of origin is the exact location in which
- A component failed
- An accidental fire originated
- A fire was maliciously lit
At the conclusion of the examination, you will be able to determine
- Seat of fire
- Area of origin
- Point of origin
Where it is difficult to preserve the scene, the investigator must record the scene prior to demolition by:
- Photos
- Videos
- Sketch
- Plan
Preliminary internal examination
- Missing family photos, personal items
- Open filing cabinets or missing files
- Building area in need of repair
- Signs of hardship
Detailed internal examination completed by SFI accompanied by Police
- Damage to roofing timber
- Damages to wall studs
- Damage to window skills
- Damage to skirting boards
External examination takes into account
- Yards and outbuilding of the fire affected property
- Adjoining premises which often reveal accelerant, attempts, forced entry, broken window, forced doors
- What distance debris was scattered
- Nearby alleyways, streets, driveways
External examination- the surrounding area may also reveal
- Business appears to be struggling
- Content of building missing
- Accelerant containers
- Property rundown
External examination- the damaged structure may reveal
- Jimmy marks or other signs of forced entry
- Burn patterns above doors or windows
- Window glass broken before fire was ignited
Conduct a preliminary interview with the owner. Find out
- When the premises were last secured
- Whether he or she knows the cause of fire
- Details of any suspects and insurance
- Type of business
- Actions leading up to the fire
Characteristics caused by explosives
- Spread of debris
- Shedding of materials
- Shrapnel marks
- Overlays of dust
- Catering
Initial Action- Fire involving explosives
- Do not handle or interference with anything unfamiliar, could be a second device
- Don’t use cell phone, portable radios or transmitting device
- Evacuate scene for at least 100m, ensure people leave take belonging with them
- Consider using explosive detector dog
- If IED is located, immediately obtain assistance of an IED operator from the department of labour
- Give regular sitrep to comms
Intentional fires designed to look like electrical faults
- Clothing on heaters
- Toaster with nearby curtains
- Leaving pot on stove element
- Tampering of electric urns, bread makers, water heaters, deep fryers and rice cookers
Suspects enquires procedure- Step 1, You may identify the suspects by means of:
- Media response
- Fingerprints
- Information from informants and witnesses
- Intelligence officer of FILO
Suspect enquires procedure- Step 2, Possible suspects may include:
- The owner or occupier for insurance fraud
- An aggrieved person suffering from jealousy, hatred, rage or a desire for revenge
- A pyromaniac
- A business competitor to disadvantage a rival
Suspect enquires procedure- Step 6, consider a Search Warrant
When executing a search warrant, search suspects:
* Clothing, residence, vehicle, and workplace
Evidence could include:
* Accelerant
* Containers
* Ignites
* Traces of debris
Other powers of authorised person- S44 (1) FENZ Act 2017
- Shut off water from any main or pipe in order to obtain a greater pressure and supply of water
- Shut off or disconnect the supply of gas, fuel, oil, or electricity to any building on fire or in the vicinity
- Close any road or railway in the vicinity of the emergency
- Remove any vehicle impeding and use force or break in if necessary
- Remove any person who is interfering with operations or is in danger
- Do all the necessary things to preserve life and prevent damage to property and land
Providing explosive to commit an offence Section 272, Crimes Act 1961
- Knowledge - Defendant must know the substance is in his possession and know it to be an explosive substance
- dangerous engine, instrument or thing means a device intended to explode or cause fire or emission of noxious things
- Defendant must make the explosive or have it in his possession.
- Possession - The defendant must intend the explosive to be used by another person to commit an offence No need for the defendant to know the ID of person who will use it or the nature of the offence to be committed
What is a Fire Investigation Liaison Officer (FILO)?
A FILO is a member of Police
What is Special fire investigator (SFI)
- An SFI is employed by the fire service and typically possesses extensive experience in firefighting and fire safety. They have received specialised training and assessment in fire investigation techniques
After the fire has been extinguished Police must
- Conduct a criminal investigation or coronial enquiry and undertake responsibility for the Protection, collection and recording of forensic evidence
What does the point of origin mean?
Where the fire started
What does seat of fire mean?
The area where the main body of the fire is located
What does the area of origin mean?
- Where the fire started
You can set fire to your own property unless
- Intend to cause loss to someone else as a result of the fire
- Intend to obtain any benefit
- 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
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 that the risk?
What is the difference between 267 (1) and 267 (2)?
The difference is the property. Subsection 2 covers property of less value
Proving an attempt
- To be guilty of an attempt the defendant must have progressed past the stage preparation and commenced a process intended to lead to the commission of the full offence.
The 4 beliefs of claim of right
- Belief must be held at time of the conduct or act
- Beliefs in a proprietary or possessory right in property
- Belief must be about the rights to the property in relation to which the offence is alleged to have been committed
- Belief must be actually held by the defendant
Explosive
Any substance or mixture or combination of substances that in its normal state is capable either of decomposition at such rapid rate that it results in an explosion or produce a pyrotechnic effect. Includes gunpowder, gelignite, and detonator. Does not include firearms and fireworks.
Fire
Fire is the result of process of combustion a chemical reaction between fuel and oxygen, triggered by heat
Property
Property includes real and personal property and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
Knowing
Knowing means knowing or correctly believing. The belief must be a correct one. Where the belief if wrong a person cannot know it.
Life
Life in this context human life. The danger must be to the life of someone other than the defendant.
Claim of right
Belief at the time in a proprietary of possessory right in property in relation to which the offence is allegedly been committed.
Damages by fire
Fire damages often involves burning or charring, however it is not necessary that the property is set a light. Melting, blistering of paint of significant smoke damage maybe sufficient.
Immovable property
Property is considered immovable if it is currently fixed in place and unable to be moved. Even though it may be possible to make it movable.
Intent
In criminal law context there are two specific types of intentions in an offence. Firstly, there must be an intention to commit the act secondly, and intention to get a specific result
Vehicle
A contrivance equipped with wheels, tracks, revolving runners on which it moves of is moved.
Ship
Every description of vessel used in navigation, however propelled. Includes any barge, lighter, dinghy, raft, or like vessel and any ship belonging to or used as a ship by the Armed Forces of any country.
Aircraft
Any machine that derives support in the atmosphere from reaction of the air otherwise than by reactions of the air against the surface of the earth.
Obtain
Obtain means to obtain or retain for themselves or any other person
Benefit
Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
Person
Gender neutral. Proven by judicial notice or circumstances evidence
Attempt
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, weather in the circumstances it was possible or not.
Investigate suspects thoroughly and according to priority. Obtain their: Point 3- Suspect enquires fires not involving explosives
- Full particulars
- Criminal histories
- Details of any vehicle to which they have access
- Details of any associates
- Photographs
Differences by gas explosions and an explosion and an explosion set
- Explosions by gas cover wides area
- Implosions of cabinet
- Medical evidence- suspect or victims may have inhaled gas
Fire seems are in unstable environment. Injuries are caused by (Hazards)
- Inhalation of toxic substances
- Injection from sharp objects
- Items falling from above you
- Tripping on fire debris
Four main building material and their weaknesses
- Timber -burning and charring
- Steel- expand, lose its strength
- Concrete- spalling
- Masonry- deterioration of the mortar
Initial action with fires not involving explosives
- Briefly interviews informant and witnesses
- Conduct local enquires
- Secure, guard and control scene
- Initial interview of SFI & O/C Fire who attended
- Interview with incident controller at scene
- Ensure scene safe before conference with SFI and Police
- Conduct prelim
- Regroup and hold a briefing conference
- Confer with other staff and determine plan of action
- Contact comms with sitrep
Enquires- Area canvass of neighbourhood, interview witnesses and obtain statements about
- The fire
- Conduct of people at the fire
- People loitering at the scene before the fire
- Any vehicle seen in the vicinity before the fire
Linking suspects to the scene
- Fingerprints/ Handwriting
- IED operator may identify signature of offender
- Items from suspects home that could be uses to manufacture a device
- Seek advice from explosive expert before searching
8 stages of systematic examination of scene of fire
- Prepare and organise staff and equipment, clear areas and set clear area responsibilities
- Prepare examination and arrange for site to be examined systematically
- Examine the exterior of the fire site
- Conduct detailed internal examination
- Identify cause of fire
- Interview witnesses at scene
- Photograph and label and preserve evidence
- Conduct area enquires
Fire scene contamination
- Scope – how much area needs to be preserved?
- Cordon – tape of outside, what is considered item of evidence that is furthest away. Makes cordons as wide as practical
- Common approach path – path for all traffic to use to minimise introduction of evidence and reduce possibility of evidence being damaged
Preparing examination
- Arrange scene to be examined when circumstances allow
- Scene to be examined systematically
- Establish clear area for material removed during search
- Set a coordinated approach
- Step by step approach from area least damaged to the point of origin
- Noting items of interest throughout examination
- Once preliminary interval examination is complete, hold another conference
- Log and document decisions made Conduct risk assessment
- Detailed internal examination, police accompany SFI
Examine scene involving explosive
- Once scene cleared safe conduct scene exam. Use video and photographs.
- Remember to continually reconstruct
- Request ESR alanalyst. Ask to bring suitable swabbing material for hands and clothes of any suspects.
- Create a path to the centre of the explosion laying clean unused roll of plastic or by using approved stepping plates
- Have EST analyst swab the area immediately (work outwards)
- Vertical sheets of iron adjacent to the blast
Investigation steps
- Information gathering
- Scene examination
- Debris examination
- Product examination
- Analysis and testing
- Opinion formulation
- Reporting data and opinions
Faults examples
- Appliances
- Broken powerlines
- Gas pipes and fittings
- Fans and ventilation systems
What to consider when using an arson kit
- Samples have not/ can’t be cross examined
- All containers labelled and sealed
- Liquid samples are secure and isolated from other exhibits
- Arson kit forwarded as a unit, even if one container is used
- Package correctly addressed
