Arson Flashcards
Section and elements for Arson - Danger to life
Section 267(1)(a) Crimes Act 1961
-Intentionally OR recklessly
-Damages by fire OR damages by means of any explosive
-Any property
-if he or she knows OR ought to know that danger to life is likely to ensue
Section and elements for Arson - Vehicle/Immovable property
Section 267(1)(b) Crimes Act 1961
-Intentionally OR recklessly
-Without claim of right
-Damages by fire OR damages by means of any explosive
-Any immovable property OR vehicle OR ship OR aircraft
-In which that person has no interest
Section and elements for Arson - cause loss/obtain benefit
Section 267(1)(c) Crimes Act 1961
-Intentionally
-Damages by fire OR damages 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 other person
Section and elements for Arson - Lesser property (no interest)
Section 267(2)(a) Crimes Act 1961
-Intentionally OR recklessly
-Without claim off right
-Damages by fire OR by means of any explosive
-Any property
-In which that person has no interest
Section and elements for Arson - Lesser property (cause loss)
Section 267(2)(b) Crimes Act 1961
-Intentionally OR recklessly
-Damages by fire OR by means of any explosive
-Any property
-With Intent
-To obtain any benefit OR cause loss to any other person
Section and elements for Arson - Safety of others
Section 267(3)
-Intentionally
-Damages by fire OR by means of any explosive
-Any property
-With reckless disregard for safety of others
Case law and application - R v Collister
Application - Intent
Circumstantial evidence from which an offender’s intent may be inferred from include
-offender’s actions and words before, during and after the event
-the surrounding circumstances
-the nature of the act itself
Case law and application - R v Cameron
Application - Recklessness
Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed results and/or that the proscribed circumstances existed and having regard to that risk those actions were unreasonable
Prove recklessness
-The defendant consciously and deliberately ran a risk (subjective)
-The risk was unreasonable to take in the circumstances as they were known to the defendant (objective)
Define damage by fire
Often involve burning or charring, can include melting, blistering of paint or significant smoke damage
Case law and application - R v Archer
Application -Damage by fire
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Define fire
Chemical reaction between fuel and oxygen triggered by heat. All three elements must be present to start or continue
Define explosive
Any substances or mixture of 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
Does not include fireworks
Define property
Any real and personal property, any estate or interest in any real or personal property
Define claim of right
Proprietary or possessory right in property in relation to which the offence is alleged to have been committed
Claim of right defence
-Belief in possessory or proprietary right in property
-Belief in relation to the property in which offence committed
-Belief must be held at the time
-Belief must be actually held by defendant, regardless if unreasonable or not
Explain immovable property
Relates to buildings and land and things growing on land. Property will be 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 vehicle
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Excludes, rail vehicle pedestrian controlled lawnmower, other things not propelled by mechanical power
Define ship
Every description of vessel used in navigation, however propelled
Define aircraft
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth
Explain interest
Not defined by legislation however courts have held that tenancy of property constitutes an interest in it (R v Wilson)
Define obtain
Means to obtain or retain for himself or herself or for any other person
Define benefit
Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Case law and application - R v Morley
Application - Cause loss
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
Define/explain person
-Person under judicial notice or proved by circumstantial evidence
-include the Crown and any public body or local authority and any board, society, or company and any other body of persons
Sections and elements for Attempted arson
Section 268 Crimes Act 1961
-attempts to commit arson
-in respect of any immovable property or any vehicle, ship or aircraft
Case law and application - R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendant’s conduct may be considered in its entirety.
Section for Intentional damage (danger to life)
Section 269(1) Crimes Act 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 result
Section for intentional damage (no interest)
Section 269(2)(a) Crimes Act 1961
Intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest in
Section for intentional damage (obtain benefit or cause loss)
Section 269(2)(b) Crimes Act 1961
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
Section for intentional damage (safety of other property)
Section 269(3) Crimes Act 1961
Intentionally destroys or damages any property with reckless disregard for the safety of any other property
Section for providing explosives to commit an offence
Section 272 Crimes Act 1961
knowingly has in possession or makes any explosive substances, 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.
Explain dangerous engine, instrument or thing under S272
A device intended to explode or cause for or emission of noxious things
What does the Specialist fire investigator liase with the FILO (4)
1) Handover of scene
2) Access to scene
3) Process for exam and investigation
4) ID and collection of evidence
Process for control/notification/handover of fire scenes
1) Fire service authority over fire scene while fire in progress. Once extinguished and threat to life/property no longer exists hand scene over to app person/agency.
2) Fire service notify police if suspicious, fatality or serious (life threatening) injuries
3) If police attend designated police investigating officer will confer with incident controller to confirm handover process
4) If investigation involves multiple agencies all will consult each other prior to scene exam or investigation to develop investigation plan. The plan will outline role of each
agency.
Police role in fire scene (4)
1) Conduct criminal investigation or coronial enquiry
2) Protection/collection evidence
3) Removal material from fire scene
4) Preserve/analyse/dispose material
Procedure on arrival at fire (8)
1) Briefly interview informant
2) Secure/control scene
3) Briefly interview specialist fire investigator present AND OC first appliance to attend
4) Briefly interview incident controller and find out (time/date of call, what appliance attended, state of fire when arrived, what action taken, if they think suspicious)
5) If fire extinguished ensure safety of scene before initial conference held w specialist fire investigator and police conduct prelim scene exam
6) If suspicious hold briefing conference
7) Confer with other staff to determine plan of action (guard scene, area enquiries, interview witnesses present)
8) Supply SITREP
How to guard and control scene (7)
1) Ensure scene not interfered with
2) Exclusion and control of onlookers
3) Preserving evidence
4) Preventing looting
5) Be aware of reignition hotspots
6) Watch for possible suspects
7) ID witnesses
Area enquiry procedures (5)
1) Interview people who work at the place
2) Brief prelim interview of owner finding out when last secured and by who, if knows cause of fire, details of suspects, type of business, actions leading up to fire
3) Note demeanour during brief prelim interview
4) Complete interviews and obtain/arrange to obtain STX
5) Give supervisor SITREP
General steps and enquiries in respect of fires not involving explosives (11)
1) Submit for ESR analysis as early as possible
2) Offence report and enter details of property into NIA
3) Obtain written reports (EG specialist fire investigator), photos, CAD report
4) Consider media releases and informing staff at line up
5) Plan enquiries and ensure interviews completed
6) Consider area canvas
7) Think about possible motives, reputation, financial position
8) Contact insurance company and obtain services of assessor, copies of policies, if insurance cover increased
9) If previous similar fires in locality consider if serial arsonist.
10) Inform intel and see what info can give
11) Maintain contact with owner of property
Suspect enquiries in respect of fires not involving explosives (12)
1) May ID suspects by means of circumstamces of fire, fingerprints, witnesses, media response
2) Suspects may include owner/occupier for insurance fraud, employee
3) Investigate thoroughly and obtain full particulars, criminal history, details any MV
4) Complete enquiries to est opportunity, motive, mens rea, connection w scene/crime
5) Interview suspect
6) Arrest and obtain fingerprints, photos, consider medical exam
7) Complete enquiries to corroborate or negate explanation
8) Consider surveillance
9) Consider SW
10) Consider ID or montage
11) Advise supervisor if elements of offence established
12) Complete correspondence and prepare PPS file
Normal investigation steps for electrical causes of fire
1) Information gathering
2) Scene exam
3) Debris exam
4) Product exam
5) Analysis/testing
6) Opinion foundation
7) Reporting data and opinions
Fire 3 questions in relation to suspected electrical fire
1) Was power live
2) Was power to area of building where fire started live
3) Electrical continuity to electrical heat source
Initial action steps fires involving explosives
1) Remember may be secondary device
2) Don’t use cell phones/portable radios
3) Evacuate to 100m and ensure take personal possessions because will limit number of items to be cleared
4) If IED located obtain assistance of IED operator from Department of Labour
5) Regular SITREP
Examining scene of fire involving explosives (3)
1) Once safe scene exam
2) Continually reconstruct
3) Request ESR analyst
How to assist preserving fire scene
1) Liaise w incident commander to limit unnecessary operation in area of origin
2) Scope – consider how much needs to be preserved (single room or entire building)
3) Cordon - ID centre of scene, tape off outside most obvious item of evidence.
How to maximise safety and minimise risk – what is expectations of commissioner and
Health and Safety Work Act 2015?
1) Take reasonable care to ensure acts/omissions don’t adversely affect health/safety other persons
2) Comply as far reasonably able with reasonable instruction given to comply with Health and Safety Work Act 2015
3) Co-operate with policy/procedure relating to health/safety at workplace
4) Take immediate action to stop perceived/potential breach of act OR impractical notify supervisor immediately
S88 Fire Services Act 2017
Must prove;
1) ID offender
2) Unlawfully interfered fire alarm OR knowingly covered up/enclosed/concealed
hydrant to make position difficult ascertain OR with intent to deceive impersonated
member of fire service/volunteer brigade/defence brigade/industrial brigade OR
Resisted/deceived/knowingly obstructed person exercising/attempting exercise
power OR interfered with any equipment at/in vicinity fire/suspected fire/other
emergency OR knowingly gave/caused to be given false alarm of fire
No power of arrest, finable only therefore summons
Police powers and duties while fire being fought
All Police must cooperate with person in charge of fire service at fire, suspected fire, other emergency (S32 Fire Services Act 2017).
Police can only exercise fire service powers if called upon by member fire service in charge of fire. No right to exercise just because there!
What powers does person in charge of fire service at fire/suspected fire/other emergency
have right to do (S28 Fire Services Act 2017) (5)?
1) Enter private property when aflame/endangered OR when essential to performing necessary duty
2) Close roads
3) Remove vehicles impeding fire service – if necessary break into vehicle
4) Remove people in danger of interfering with operations using reasonable force
5) Do anything else reasonably necessary for protection life/property
What is the fire/police MOU and what does it aim for?
Agreement between police and fire to share information and details roles for each organisation.
Aims for;
1) Any relevant evidence protected and collected for potential criminal or coronial proceedings
2) Investigations efficiently co-ordinated AND expertly and independently conducted
To achieve objectives of MOU fire investigation liaison officers (police staff) in each district and have responsibility for ? (6)
1) Attending every fire resulting in serious life threatening injury/death
2) Co-ordinating fire investigations in designated area
3) Arranging police attendance when req
4) Providing advice/expertise as req
5) Co-ordinating training for police
6) Maintaining effective working relationship with specialist fire investigator and fire service investigation liaison officers
Role of a Specialist fire investigator and which jobs do they attend
Will conduct independent investigation into origin of cause of fire.
1) Fatality fires
2) Serious life threatening injury that’s fire related
3) Structure fires where cause suspicious or can’t be determined
4) Fires in buildings where built in fire safety features failed
5) Significant fire spread across property boundary
6) Any fire as requested by police/other agency
Fire service investigation liaison officers have responsibility for?
1) Arranging specialist investigator to attend scene
2) Est/maintain effective working relationship w police fire investigation liaison officers
Injuries through hazards
At a fire scene most injuries are received from following hazards
1) Inhalation toxic substances
2) Ingestion particles
3) Cuts/wounds sharps objects
4) Air borne dusts
5) Tripping on fire debris
How to avoid injuries at a scene?
1) Assessment of scene (look under floor to see if suitable to walk on, check under stairs to make sure safe to carry weight)
2) Make a strategy to prevent injury
PPE required by on scene investigator
1) Helmet
2) Overalls
3) Nose and mouth filter
4) Gloves
5) Safety glasses
6) Heavy duty footwear with steel soles and toe caps
Police and fire responsible for own safety equipment.
Risky building material
TIMBER – normally burn/char but in most instances maintain sufficient integrity. When entering timber structure take note of thickness, load carrying and sound.
STEEL – in initial stages of fire steel will expand and cause external/internal walls to be pushed out. If sufficient fuel available unprotected steel will lose strength and collapse.
Rarely melt but at 1600 degrees reduced to less than 10% original strength.
CONCRETE – concrete (in particular tilt slab construction) most unpredictable as can be effected by extremely low fire temp and topple like deck of cards.
MASONRY – masonry and brick structures when subjected to fire can be weakened by deterioration of the mortar OR expansion of wall. Visible signs of damage include cracking, leaning, bowing.
Common methods/materials of setting fires (deliberate) (8)
1) Combustible material (EG rubbish)
2) Candle left to burn down. Traces of wax/pieces of wick may be evident
3) Matches and cigarette
4) Electrical apparatus left on – EG iron left flat on surface. Electrical inspector should be able to trace wire back through circuit to confirm was on.
5) Molotov cocktail – bottle filled with petrol with petrol soaked rag tied to it or stuffed into the neck. Rag is lit and bottle smashed against hard surface igniting the petrol. May also contain rubber bands, soap flakes, soap powder. Evidence of molotov cocktail traces of wick, pieces of bottle glass, evidence of liquid flowing down wall. In testing 20% molotov cocktail parts produce ID prints.
6) Electrical matches – commercial igniter designed to ignite fast burning fuse.
7) Timing devices
8) Trailers
Examples of timing devices to start fire
EG electric timers, use of incense stick or matches cut to length to determine timings required, trailers (rags soaked in kerosene laid from ignition source to site of intended fire).
Non intentional causes of fire (carelessness, faults, nature)
If shown fire had non intentional cause further investigation not needed by police unless fatality and investigation req for coroner.
Carelessness – EG misusing electricity, children playing with matches, burning off paint, lighting fires for warmth, leaving clothes near heating, fireworks, burning rubbish, smoking, leaving stove on
Faults – EG chimneys, appliances, TV on standby mode, electrical wiring, dust extractor, heating systems
Nature – EG sun rays, lightning, static electricity, chemical reactions
Explain the common approach path
All traffic through scene should be limited to corridors (keep disturbance to minimum).
Ideally should search areas to be used as corridors prior to them receiving other traffic.
How to deal with spoil
When dealing with suspicious fatal fire consideration should be given to storage of removed spoil in warm area.
Which personnel should be present at fire scene when police attend AND who should consider getting to attend AND what roles should OC investigation appoint to police staff?
Specialist fire investigator should be present at all scenes police req to attend.
May also need assistance of ESR, photography, SOCO, pathologist, electrical inspect, building inspect.
Appoint OC exhibits, crime scene co-ordinator, advise fire investigation liaison officer, scene examiner.
General scene examination method (3)
-Scene should be examined systematically from outside in.
- Establish clear area for material
removed to avoid cross-contamination.
- Set clear areas responsibility (co-ordinated approach). Commence in undamaged area and progressively walk through to point or origin.
What is the point of origin
Exact location component failed, fire maliciously lit, accidental fire originated.
What is included in an external examination
1) Adjoining premises;
- Accelerant containers
- Attempts at forced entry
- Broken windows
- Forced doors
2) Surrounding area of involved premises;
- Accelerant containers
- Contents of outbuildings missing
- Property run down
3) Damaged structure;
- Jemmy marks
- Broken window glass
- Burn patterns above doors and windows
Preliminary internal exam method
Involve slow walk through from area of least damage to most damage – once done hold another conference with all involved to consider course of action, decisions should be recorded in a decision log. Conduct site risk assessment.
Take note of;
- Low stock levels in commercial premises
- Building areas in need of repairs
- Signs of hardship
- Missing family photos/furniture etc
- Open filing cabinets or missing files
Detailed internal exam method
Accompany specialist fire investigator as complete (may be used as scribe for specialist fire investigator) – take note of obs including;
- Smoke deposits and burn patterns
- Spalling (cracking/chipping concrete from being heated and cooled)
- Damage to wall studs
- Damage to roofing timbers
- Damage to window sills and door edges
- Floor areas burned through
- Crazing – rapid heating of glass and then rapid cooling. It’s not an indication of flammable liquid without other indicators also
AT THE CONCLUSION DETAILED INTERNAL EXAM SPECIALIST FIRE INVESTIGATOR WILL BE
ABLE TO DETERMINE
1) Area of origin
2) Point of origin
3) Seat of fire (will consider witness reports, when they first noticed the fire, state of fire at that time, wind direction and speed, direction of spread, colour flame/smoke)
3 steps to follow for exhibiting
1) Photograph in situ, label exhibits, preserve in containers
2) Use approved arson kit (use nylon bags to place tin in because tin will rust out)
3) Take control sample of charred timber, accelerants, soil from surrounding area
Notes on conferences and who should attend (5 + 5)
Conference forms basis of scene exam and risk assessment planning.
CONFERENCES MUST BE HELD DURING THE SCENE EXAM TO ASSIST WITH;
1) Assessing info obtained
2) Reconstructing
3) Establishing possible motives
4) ID suspects
5) Planning further enquiries
WHO SHOULD ATTEND CONFERENCE
1) OC CIB
2) Crime scene co-ordinator
3) Police fire investigation liaison officer
4) OC investigation
5) Investigating officers
Body removal procedure
Fragile so best practice bubble wrap used to secure and then packaged in clearly marked box. Consider requesting funeral director to bring coffin. Consider biological risk. May have to wrap with furniture, can be separated at mortuary. Ensure cooled prior to wrapping.
When searching look for medically inserted pins/teeth to assist with ID.
Reporting fires not involving explosives (format) (7)
1) INTRODUCTION - location, names of owner/occupier, nature/extent of fire
2) INFORMATION ABOUT THE PROPERTY - layout, condition, age, type, value
3) DETAILS OF FIRE AND EVENTS LEADING UP TO IT - when last seen, who noticed, who alerted fire service
4) VALUE OF DAMAGE
5) RESULTS OF INVESTIGATION
6) INFORMATION ON INSURANCE - assessor’s report, details of policies if any
7) RESULTS OF ENQUIRIES – area canvas etc
What should you note in scene notes/diagrams for suspected electrical fire
Location power supply service entry, meters, switchboards, wiring routes, power outlets.
In checking electrical indicators at fire scene follow these steps (5)
1) Locate plug. Try maintain total integrity of lead from appliance to socket
2) Note if conduit/ductwork been used
3) Locate and plot in-line connections
4) Locate and plot all power outlets
5) Check connections for tightness and signs of overheating
Common electrical ignition sources
1) Heaters and clothing
2) Toaster with nearby curtains. Toast ignites after about 7 minutes.
3) Leaving pot of stew on stove element – delay of about 2-6 hours.
4) Ceiling exhaust fans – system not intended for continuous operation.
5) Deep fryers– one temperature control device, not fitted with thermal safety cut out
Notes on ID’ing explosive (6)
1) Low powered explosive will explode in general manner causing damage/spreading debris over same distance in all directions.
2) Explosives that explode at rate 1200-1500 m per second are characterised by fact damage occurs in a least line of resistance pattern (means windows/doors etc blow out)
3) Explosives that explode at greater than 5000 m per second do in directional manner
4) Modern explosive residues often slight and dissipate rapidly. OC scene may need to authorise expert (EG from ESR) to enter before fully examined.
5) May need to remove body promptly before decompose
6) Record impressions about odours
Notes on media and explosives
Don’t speculate to media on possible explosive used. Allocate one person to deal with media to avoid differing accounts and maintain control over what released
Reconstructing explosion. Must only be carried out in following circumstances (5)
If unable ID explosive using scientific analysis consider reconstructing.
Reconstructions must only carried out in following circumstances;
1) Under supervision OC scene
2) At suitable site
3) In conditions as close to original explosion as possible
4) In close association with explosives/scientific advisors
5) As a scientific test If possible should be video recorded/photographed. Explosives expert must set charges
carefully and record details.
Characteristics of damage caused by explosives?
1) Cratering
2) Spread of debris
3) Shredding of materials
4) Shrapnel marks
Electronic detonators may find
1) Lead wire
2) Short circuiting shunt
3) Fragments of electric detonator casing
Notes on safety fuses (explosive)
Burning leaves most of fuse in limp state but should be able to ID colour and manufacturer.
Notes on detonating cord
Generally leaves little residual trace. May find pieces of cord that not detonated.
Notes on igniter cord
Often contains thin wire and leaves black, charred, ash-like remnant.
Suspicious fire sampling kit contains; (7)
1) 1 x 4L tin
2) 1 x 2L tin
3) 1 x 500ml tin
4) Nylon bags
5) Tissues for absorbing liquid
6) Latex gloves
7) Exhibit seals
When using a suspicious fire sampling kit, you must ensure (4)
1) Samples not been cross-contaminated
2) All containers sealed and labelled
3) Liquid samples are secure and isolated from other exhibits
4) Kit forwarded as unit even if only one container used
Notes on liquid samples handling/delivery
Don’t forward liquid samples in anything other than bottles provided. Clean outside surface of bottles and place in polystyrene box. If possible hand deliver otherwise post or place in tin and send entire kit as unit.
Notes on collecting liquid residue
Uplift residues with clean dropper pipette and treat as liquid sample OR absorb in tissue and place tissue in tin
When to create a bomb/explosive/ied report
1) Bombing and accidental/deliberate explosions
2) Attempted bombings
3) Molotov cocktail attacks
4) Hoax devices
5) Bomb threats (telephone or written)
Rural fires
Different investigative techniques than urban fires. Rural fire officer used.
Historically what were rural fires investigated for?
To recover costs. Recently shift towards investigating for criminal liability.
What rural fires req investigation?
1) Rural fire authority intend to make claim under rural fire fighting fund
2) Negligence shown by person or party
3) All suspicious fires
4) Multiple fires start in area with no apparent reason
Who should investigation team at minimum consist of? (Rural)
1) Properly trained rural fire investigator
2) Police investigator
Could also include local council, DOC, electrical engineer, insurance agents
What information generally not allowed to be disclosed?
Suspect criminal records generally not disclosed to fire service personnel or other non-law enforcement agency representatives present at joint agency conference.
When disclosure is allowed?
If believe joint investigation significantly enhanced by including criminal record in joint briefings. Find out if suspect is eligible individual under S4 Criminal Records Clean Slate Act 2004. If not eligible can disclose OTHERWISE can’t disclose.
Notes on insurance companies
Insurance company act as owner of the property if claim has been made. Private investigators no access until police and specialist fire investigator completed investigation. No legal obligation to disclose police evidence they discover. Service entry fuses and electricity meters are property of supply authority. Supply authority
normally remove if damaged.
S42 Fire Services Act 2017 – powers of person in charge of fire service at fire scene
1) Enter land/building/structure
2) Break into building/structure on fire/endangered/near the emergency
3) Cause any building or structure to be pulled down or shored up at time of
emergency or within reasonable time after
4) Take or send equipment/machine req to be used through or upon
land/building/structure
