Arson Flashcards
Arson section 267(1)(a), CA 1961
Intentionally or recklessly
Damages by fire or damages by means of explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Arson section 267(1)(b), CA 1961
Intentionally or recklessly
And without claim of right
Damages by fire or damages by means of explosive
Any immovable property, or any vehicle, ship or aircraft in which that person has no interest
Arson section 267(1)(c), CA 1961
Intentionally
Damages by fire or damages by means of explosive
Any immovable property, or any vehicle, ship or aircraft
With intent to obtain any benefit or cause loss to any person
Arson, section 267(2)(a), CA 1961
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
Arson - section 267 (2)(b), CA 1961
Intentionally or recklessly
Damages by fire or damages by means of explosive
Any property(other than property listens in section 267(1)
With intent to obtain any benefit or cause loss to any person
Arson section 267(3), CA 1961
Intentionally
Damages by fire or damages by means of explosive
Any property
With reckless disregard for the safety of any other property
Attempted Arson, section 268, CA 1961
Everyone
Attempts to commit Arson
In respect of any immovable property or any vehicle, ship it aircraft
Intentional Damage, section 269 (1), CA 1961
Intentionally or recklessly
Destroys or damages
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Intentional damage, section 269 (2) (a), CA 1961
Intentionally or recklessly
And without claim of right
Destroys or damages
Any property in which that person has no interesr
Intentional damage, section 269(2)(b), CA 1961
Intentionally or recklessly
And without claim of right
Destroys or damages
Any property
With intent to obtain any benefit or cause loss to any person
Intentional Damage, section 269(3), CA 1961
Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property
Providing explosive to commit an offence, section 272, CA 1961
Knowingly has in his or her possession or makes
Any explosive substance or dangerous engine, instrument or thing
With intent to use or enable another person to use the substance, dangerous engine or instrument or thing to commit an offence
R v Cameron
Recklessness is established if
The defendant recognised that there was a real possibility that:
- His or her actions would bring about the proscribed result
- that the proscribed circumstances existed; and
Having regard to that risk those actions were unreasonable
R v Archer
Property may be damaged if it suffers the permanent or temporary physical harm or permanent or temporary impairment of its value
R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
R v Harpur
Conduct may be viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. How much remains to be done is relevant, though not determinative
Natural causes of fire
Fire can be caused naturally by any combination of fuel, heat source and air.
Factors include:
Chemical reaction
The suns 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 necessary duty
Close roads
Remove vehicle 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 investigators 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 or death, or
A fire is considered suspicious
Role of fire investigation liaison officer (FILO)
- 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 building where fire safety features have failed
- any other fire, upon request from police or other 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
- hand over if the scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the first scene
Police responsibilities at a fire scene examination and investigation police must
- conduct the criminal investigation of coronial enquiry
- undertake responsibility for protection, collection and recording of forensic evidence
- collect and remove material from the fire crime scene
- preservation, analysis and subsequent disposition of any such material.
What are some common methods of setting fires
- candles
- chemical igniters
Potassium permanganate, sugar and glycerine
potassium chlorate, sugar and sulphuric acid - electrics apparatus a bar heater turned to face a wall or furniture
An iron left flat on a surface - matches and cigarettes
- electric matches
- Molotov cocktail
- timing devices
Carelessness that might result in fire
- Kids playing with matches or lighters
- Vagrants lighting fires for warmth that get out of control
- Ironing
- Setting off fireworks
- Smoking
- Leaving 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
- colour of the flames and smoke
- direction of spread
What to ask incident controller at the scene
- time and date the cal 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 if a scene
- assessing information obtained
- planning further enquiries
- Establishing possible motives
Attends - OC 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 any land building or structure
- break into any building or structure that may be on fire or other wise endangered
- take or send 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 or shored up at the time of the emergency or within 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 enquiries - step 5 complete enquiries 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 the 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 available, if not use suitable containers
- take control samples such as: charred timber and ashes or debris from the sear of fire, any accelerant found near the scene, soil from surround 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 sills
- damage to skirting boards
External examination takes into account
- yards and out building of the fire affected property
- adjoining premises which often reveal accelerant, attempts, forced entry, broken window, forced doors
- what distant 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 the 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 the fire
- Details of any suspects and insurance
- type of business
- actions leading up to the fire
Characteristics caused by explosives
- spread of debris
- shedding materials
- shrapnel marks
- overlays of dust
- catering
Initial action-fire involving explosives
- do not handle or interfere with anything unfamiliar, could be a second device
- don’t use cellphone, portable radios or transmitting device
- evacuate scene for at least 100m, ensure people leave and take belongings 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 sitters to comms
Intentional fires designed to look like electrical faults
- clothing in heaters
- toaster with nearby curtains
- leaving pot on stove element
- tampering of electric urns, bread makers, water heaters, deep fryers and rice cookers
Suspects enquiry procedures- step 1, you may identify the suspect by means of:
- media response
- fingerprints
- information from informants and witness
- intelligence officer of FILO
Suspect enquiry procedures - 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 enquiry procedures 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) FEBZ Act 2017
- shut off water from any main or pipe in order to obtain 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 the operations or is in danger
- do all the necessary things to preserve life and prevent damage to property and land
Section 272, crimes act 1961 explosive
Knowingly has in his or her possession or makes
Any explosive substance or 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.
Must know?
Proving explosive to commit an offence.
- 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 intent the explosive to be used by another person to commit an offence
No need for the defendant to know the ID of the 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 fire fighting 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 recoding 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
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 fire will endanger life
- know that the fire is likely to destroy or damage someone else’s property
Subjective test for arson
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 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 of preparation and commenced a process intended to lead the commission of the full offende
The four beliefs of claim of right
- Belief must be held at the time of the conduct or act
- belief in a proprietary or possessory right in the 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
Define explosive
Any substance or mixture or combination of substance that in its normal state is capable either of decomposition at such a rapid rate that it results in an explosion or produce a pyrotechnic effect. Includes gunpowder, gelignite, and detonator. Does not include firearms and fireworks
Define fire
Fire is the result of process of combustion a chemical reaction between fuel and oxygen, triggered by heat.
Define property
Property includes any real and personal property and any estate or interest in any real or personal property, money, electricity, any any debt and anything in action, and any other right or interest
Define knowing
Knowing means knowing or correctly believing. The belief must be a correct one. Where the belief is wrong a person cannot know it.
Define life
Life in the context of human life. The danger must be to the life of someone other than the defendant
Claim of right
Belief at the time in proprietary write in property in relation to which the offence is allegedly been committed
Define 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 or significant smoke damage may be sufficient
Define 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
Define intent
In criminal law contacts, there are two specific types of intentions in an offence. Firstly, there must be an intent to commit the act secondly, and intention to get a specific result.
Define vehicle
A contrivance equipped with wheels, tracks, revolving runners on which it moves or is moved
Define 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 use as a ship by the Armed Forces of any country
Define aircraft
Any machine that derive support in the atmosphere from reaction of the air, otherwise, then by reactions of the air against the surface of the Earth
Define obtain
Obtain means to obtain or retain for themselves or any other person
Define benefit
Benefit means any benefit, pecuniary, advantage, privilege, property, service, or valuable consideration
Define attempt
Everyone who, having an intent to commit, an offence does or omits act for the purpose of accomplishing his objective is guilty of an attempt to commit the offence intended wether In the circumstances it was possible or not
Investigate suspects thoroughly and according to priority in suspect enquiries not involving explosive you must obtain their
- 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 wide areas
- implosions of cabinet
- medical evidence - suspect or victims may have inhaled case
Fire seems are in unstable environments. Injuries are cause by (hazards)
Inhalation if toxic substances
- injection from sharp objects
- items falling from above you
- tripping on fire debris
Four main building materials 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 interview informants and witnesses
- conduct local enquiries
- secure, guard and control the 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
Enquiries - area canvas 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 vehicles seen in the vicinity before the fire
Linking suspects to the scene
- fingerprints and handwriting
- IED Operator may identify signature of offender
- items from suspects home that could be used 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 a detailed internal examination
- Identify cause of fire
- Interview witnesses at the scene
- Photograph and label and preserve evidence
- Conduct area enquires
Fire scene contamination
- scope - how much area needs to be preserved
- cordon - tape outside area, what is considered item of evidence that is furthest away. Make cordons as wide as possible
- 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 coordinated approach
- step by step approach from the 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
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 once container is used
- package correctly addressed
Define dangerous engine, instrument or thing
A device intended to explode or cause fire or emission of noxious things
