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Arson > Arson > Flashcards

Arson Flashcards

1
Q

267(1)(a) - Arson

danger to life

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

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2
Q

267(1)(b) - Arson

immovable property

14 years

A

Intentionally OR recklessly

Without claim of right

Damages by fire OR by means of any explosive

Any immovable property OR vehicle OR ship OR aircraft in which that person has no interest

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3
Q

267(1)(c) - Arson

immovable property + benfit/loss

14 years

A

Intentionally

Damages by fire OR by means of any explosive

Any immovable property OR vehicle OR ship OR aircraft

With intent to obtain any benefit OR cause loss to any person

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4
Q

267(2)(a) - Arson

7 years

A

Intentionally OR recklessly

Without claim or right

Damages by fire or by means of any explosive

Any property in which that person has no interest

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5
Q

267(2)(b) - Arson

7 years

A

Intentionally OR recklessly

Damages by fire or by means of any explosive

Any property

With intent to obtain any benefit OR with intent to cause loss to any other person

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6
Q

267(3) - Arson

5 years

A

Intentionally

Damages by fire or by means of any explosive

Any property with reckless disregard for the safety of any other property

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7
Q

268 - Attempted arson

10 yrs

A

Attempts

Arson

Any immovable property OR vehicle OR ship OR aircraft

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8
Q

What is the list of benefits?

A
  • any benefit
  • pecuniary advantage
  • privilege
  • property
  • service
  • valuable consideration
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9
Q

Explain intent

A

Intent to commit the act and an intent to get a specific result

Deliberate act
The act or omissions must be done intentionally. Must be more than involuntary or accidental

Intent to get a specific result
Means aim/object/purpose

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10
Q

How to prove intent and circumstantial evidence

A
  • admissions
  • offenders actions and words before, during or after the incident
  • nature of the act itself
  • the surrounding circumstances
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11
Q

Explain recklessness

A

It is a conscious and deliberate taking of a unjustifiable risk

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12
Q

R v Cameron

A

Recklessness is established if:

a) the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed results and/or the proscribed circumstances existed;

  • subjective

b) having regard to that risk those actions were unreasonable

  • subject and objective
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13
Q

What is an example of high and low social utility

A

Low - doing something violent with a risk of serious injury or death

High - surgeon undertaking a risky procedure

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14
Q

What must be proved for recklessness

A

1) that the defendant consciously and deliberately ran a risk (subjective)

2) that the risk was unreasonable to take in the circumstances as they were known to the defendant (objective)

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15
Q

What is fire damage

A
  • burning
  • charring
  • melting
  • blistering of paint
  • significant smoke damage
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16
Q

R v Archer

(damage)

A

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

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17
Q

Define fire

A

Fire is the result of the process of combustion. A chemical reaction between fuel and oxygen, triggered by heat. Requires the three elements fuel, oxygen and heat.

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18
Q

Define explosive

A

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate that it results in an explosion or of producing a pyrotechnic effect

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19
Q

Define property

A

Property includes any real or personal property, any estate or interest is any real or personal property, money, electricity and any debt and anything of actions and any other right or interest

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20
Q

Define danger to life?

A

Danger must be to human life and not the defendant themself

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21
Q

Define knows or ought to know

A

Knowing means knowing or correctly believing. A person may believe something that is false but can not know something that is wrong

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22
Q

Define claim of right

A

A belief at the time of the act in a proprietary or possessory right in the property in relation to which the offending has been allegedly been committed. Although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed

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23
Q

Four natures of belief

A
  • must be about the rights to the property the offence is alleged to have occurred
  • belief of proprietary or possessory right in property
  • belief must be held at the time of the conduct
  • belief must be actually held by the defendant
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24
Q

Define immovable property

A

Not really defined but usually related to buildings and land and things growing on land. Can include buildings that could be moved if wanted to

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25
Q

Define vehicle

A

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved. Includes hovercrafts, skateboard, in line skates and roller skates

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26
Q

Define ship

A

A vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft and includes any ship of armed forces of any country

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27
Q

Define aircraft

A

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

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28
Q

Interest

A

Not defined but tenancy is an interest according to R v Wilson.

Man rents a house, uses it for a meth lab but it exploded and house burnt down. Can’t be charged for arson 267(1)(b) as defendant has interest in it due to tenancy. Should be charged with ‘permitting premises to be used 12(1) MODA’

R v Wilson

29
Q

Define obtain

A

Means to obtain or retain for himself or herself or for any other person

30
Q

Define cause loss

A

Not defined but usually a financial detriment.

Only direct loss, not indirect loss such as anticipated profits

R v MORLEY
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

31
Q

R v MORLEY

A

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

32
Q

Define person

A

Can include the crown, board, company, public body or local authority

33
Q

Two things a person must do to be guilty of an attempt of an offence

A

1) intent to commit the offence

2) take a real and substantial step towards achieving that aim

34
Q

Define attempts

A

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 the circumstances it was possible to commit the offence or not

35
Q

What is does or omits an act for the purpose of accomplishing his object

A

Means progressed past the act of mere preparation and commenced a process intended to lead to the omissions of the full offence.

Conduct is sufficiently proximate to the offence

36
Q

How to assess proximity

[DES nearby]

A
  • defendants conduct
  • evidence of defendants intent
  • steps taken leading up to that point
37
Q

R v Harpur

Child sexo

A

The court may view the conduct cumulatively up to the point when the conduct in question stops, the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant.

38
Q

269(1) - Intentional damage

10 years

A

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

39
Q

269(2)(a) - Intentional damage

7 years

A

Intentionally or recklessly

Without claim of right

Destroys OR damages

Any property in which that person has no interest

40
Q

269(2)(b) - Intentional damage

7 years

A

Intentionally or recklessly

Without claim of right

Destroys OR damages

Any property

With intent to obtain any benefit OR cause loss to any other person

41
Q

269(3) - Intentional damage

7 years

A

Intentionally

Destroys or Damages

Any property

With reckless disregard for the safety of any other property

42
Q

272 - Providing explosives to commit an offence

2 years

A

Has in his/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

43
Q

Four Fire investigation liaison officers (FILO) responsibilities

Attend/Co-ordinate/Arrange/Assist

A
  • attend every fire that results in serious injury or death
  • co ordinating fire investigations in their area or district
  • arranging Police attendance at fire scenes where required
  • co ordinating fire investigation training for Police in district or area
44
Q

Four power Police can use from Fire service powers

A
  • enter property when on fire or endangered
  • close roads
  • removes vehicles blocking fire services
  • remove people who are obstructive using reasonable force
45
Q

Four hazards at fire scenes

A
  • inhalation of toxic substances
  • tripping on fire debris
  • cuts/wounds from sharp objects
  • items falling on you
46
Q

Four protective clothing equiptment

A
  • helmet
  • overalls
  • gloves
  • safety glasses
47
Q

Four methods of setting fires

A
  • Candles
  • Matches
  • Electrical apparatus
  • Molotov cocktails
48
Q

Three non intentional causes of fire

A

Carelessness
- children playing with matches/lighters
- fireworks
- burning rubbish
- leaving stoves on

Faults
- chimneys
- heating systems
- extractors
- broken power lines

Nature
- chemical reactions
- lightning
- static
- rodents eating through wiring

49
Q

Four questions to ask incident controller at the scene of arson

A
  • whether fire is suspicious and why
  • details of people or vehicles acting suspiciously in the vicinity
  • time/date of call and manner it was received
  • what appliances attended
50
Q

Four things investigators can do to record scene if it needs to be demo’d

A
  • photos
  • sketch
  • plans
  • video recordings
51
Q

An external examination takes into account

A
  • what debris was scattered
  • adjoining premises which often reveal, accelerants, attempts forced entry, broken windows and forced doors
  • nearby alleyways, street and driveways
  • yards and outbuildings of the fire effected property
52
Q

External exam - the detailed structure may reveal

A
  • jemmy marks or signs of forced entry
  • burn patterns above doors and windows
  • windows broken prior to fire
53
Q

List what to look for in prelim internal exam

A
  • missing family photographs, furniture and personals items
  • low stock levels of commercial premise
  • lack of clothing in wardrobes and drawers
  • building areas that needs repairs
54
Q

List what to look for in detailed internal exam

A
  • smoke deposit and burn patterns
  • spalling
  • damage to wall studs
  • damage to roofing timbers
55
Q

Four consideration to determine seat of fire

A
  • witness reports
  • when they first noticed the fire and where they were at the time
  • state of fire at the time
  • wind direction, speed and weather
56
Q

Three determinations fire investigator can conclude at the end of a internal exam

[SPA]

A
  • seat of fire
  • point of origin
  • area of origin
57
Q

What can conferences help with and who can attend

A
  • assessing info that has been obtained
  • ID suspects
  • plan further enquires
  • reconstructing
  • O/C investigation
  • fire investigator
  • SOCO
  • Photos
58
Q

Enquiries to establish a suspects

A
  • motive
  • opportunity
  • connection to scene and the crime
  • character, mental background, history, movements and behaviour
59
Q

Evidence to look out for during suspects 4X

[looking for iPad –> iCat]

A
  • accelerants
  • containers
  • igniters
  • traces of debris from the scene
60
Q

List common electrical ignition sources

[CCPT]

A
  • heaters and clothing
  • ceiling exhaust fans
  • leaving pot on stove
  • toaster with nearby curtains
61
Q

What to look out for in explosions

[CSSS]

A
  • cratering
  • spread of debris
  • shredding of materials
  • shrapnel marks
62
Q

Clean tools before hand

A

Clean tools before hand

63
Q

How to exhibit liquid samples

A
  • use the bottles provided
  • ensure tops are fastened
  • clean the outside of the bottle
  • place bottle in a polystyrene box
  • if possible hand deliver the samples
64
Q

Evidence of wilful causes of fire

A
  • multiple seats
  • evidence of explosives
  • evidence of accelerants
  • uneven burning
65
Q

What does FILO and SFI discuss

A
  • hand over of scene
  • access to the scene
  • process for examination and investigation
  • identify and collect evidence from scene
66
Q

When do specialist fire investigators attend

A
  • serious injury or fatal fire
  • suspicious fires
  • fires where safety features have failed or not performed as expected
67
Q

How to link suspect to an arson

A
  • burned facial skin
  • smell of smoke
  • residue fuel
  • combustion on skin
68
Q

Initial action - fire involving explosives

A
  • regular SITREPS
  • if IED, get assistance from defence force
  • evacuate immediate area at least 100m
  • don’t use cellphone, radio or any transmitting device

Arson (1 decks)

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