Arson Flashcards
In determining the seat of the fire the specialist fire investigator will consider
Witness reports
The state of the fire at that time
Wind direction and speed
The direction of spread
The colour of flames and smoke
Severity of damage
Depth of charring
Presence of starting devices
Five examples of carelessness that might result in a fire
Children playing with matches or lighters
Ironing
Setting off fireworks
Leaving clothing near heaters
Leaving stove or heater on
Smoking
5 materials used to start a fire
Molotov cocktails
Candles
Matches and cigarettes
Trailers
Electric matches
Electrical apparatus
Police responsibility’s at a fire scene examination and investigation
Conduct criminal investigation or coronial enquiry
Protection, collection and recording of forensic evidence
Collection and removal of material from a fire crime scene
Preservation, analysis and subsequent disposition of material
Powers conferred by section 42 of fire and emergency New Zealand act 2017
Enter any land, building or structure
Break into any building or structure that may be in fire or otherwise endangered
Take or send equipment or machine that may be required to be used into the building or structure
Remove from any building or structure any flammable, combustible material or dangerous item
Cause any structure that is endangered or on fire to be torn down
Cause any building to be pulled down or shored up at the time or afterwards
Fire service specialist investigator will liaise with a police fire investigation liaison officer in relation to four specific matters what are they
Hand over if the fire scene
Access to the fire scene
Explain Process for examination and investigation
Identification and collection of evidence at the fire scene
Natural causes of fire
Lighting
Suns rays
Static electricity
Chemical reaction
Evidence of wilful causes of fire
Evidence of explosives
Evidence of accelerants
Evidence of intentional interference
Intentional removable of valuable property
What conferences assist with
Identifying suspects
Reconstructing the scene
Pending further inquiries
Establishing possible motives
Who attends conferences
OC CIB
OC Investigation
Police photographer
Fingerprints/SOCO
Power under section 28 Fire Services act 1975
Close roads
Remove people interfering with operations
Enter private property on fire to perform one’s duties
Do all things necessary to procure t life and property
When do Specialist fire investigators attend a fire
Fire with fatalities
Fire with serious injuries
Fire where safety features have failed
Fires with suspicious circumstances
Significant fire spread over properties
What protective clothing should be worn at a fire scene
Helmet
Nose and mouth filter
Overalls
Gloves
Steel capped shoes
People to be interviewed at a fire
Owner of property
Person last secured property
Person who found fire
Person who gave alarm
Bystanders
People loitering
R v Harpur
Conduct may be viewed cumulatively up to the point when the conduct stops, the defendants conduct may be considered in its entirety, how much remains to done is relevant but not determinative
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 Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Cameron v R
Recklessness is established if
The defendant recognised that there’s was a real possibility that
His or her actions would bring about the proscribed result
That the proscribed results existed
Having regard to that risk those actions were unreasonable
Define Explosive
Section 2 Arms Act 1983
Any substance, mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion or pyrotechnic effect
Four examples of an Explosive
Ammunition
Dynamite
Nitroglycerins
Gunpowder
Detonators
Definition of property
Section 2 CA 1961
Any real or personal property, any estate, any debt, any interest in any real or personal property, anything in action, any other right or interest
Arson Danger to life
267(1)(a)
Intentionally or recklessly
Damages by fire or any means of explosive
Any property
If he/she knows or ought to have known that danger to life is likely to ensue
Arson (Immovable Property no interest)
267(1)(b) CA 1961
Intentionally or recklessly
Without claim of right
Damages by fire or any means of explosive
Any immovable property
Vehicle
Ship
Aircraft
In which that person has no interest
Arson (cause loss obtain benefit)
267(1)(c) CA 1961
Intentionally
Damages by fire or any means of explosive
Any immovable property
Ship
Vehicle
Aircraft
With intent to
Obtain any benefit or cause any loss to any other person
Benefit definition
Under 267(4) CA 1961
Any benefit, pecuniary advantage, property, valuable consideration, service, privilege
Loss definition
Not specifically defined but usually financial in nature
Attempted arson
Section 268
Everyone
Attempts to commit arson
In respect of any immovable property, ship, vehicle, aircraft
Case law R v Harpur
Intentional damage danger to life
Section 269(1)
Intentionally or recklessly damages or destroys any property if she or he knows or ought to have known danger to life is likely to ensue
Arson ( reckless disregard)
267(3) CA 1961
Intentionally damaged by fire or means of any explosive any property with reckless disregard for the safety of other property
Fire definition
Fire is result of process of combustion, a chemical reaction between fuel, heat and oxygen
What to ask incident controller at a fire
Time and date the call was made and how it was made
Who attended
What the the state of the fire was when they attended
Whether they thought the fire was suspicious and why
Guarding a fire scene
Avoid interference with scene
Watch for suspects unusual behaviour
Prevent either fire damage
Preserve evidence
At conclusion to the examination what will the specialist fire investigator be able to determine
Area of origin
Seat of fire
Point of Origin
Characteristics of damage caused by explosives
Cratering
Spread of debris
Shedding of materials
Shrapnel marks
An overlay of dust
Attempts
Section 72 crimes act 1961
Everyone having intent to commit offence does or omits and act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended
