Arson Flashcards
Intent
Intention to commit the act and get a specific result. A deliberate act or omission. Must be more than involuntary or accidental.
R v Collister
Reckless
The defendant consciously and deliberately ran a risk (subjective test) and that risk was unreasonable in the circumstances (objective test)
Cameron v R and R v Tipple
Damages by fire
Burning or charring, doesn’t have to be set alight
R v Archer
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.
*excludes firearms and fireworks
Property
s2 Crimes Act 1961
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.
Knowledge
Simester and Brookbanks
Knowing means “knowing or correctly believing”. The defendant may believe something wrongly, but cannot ‘know’ something that is false.
Danger to life
Human life and danger to the life of someone other than the defendant.
Claim of right
s2 Crimes Act 1961
A belief at the time of the act to a proprietary or possessory right in property (belief may be based on ignorance or mistake of fact).
Immovable property
Currently fixed in place and unable to be moved, even though may be possible to make moveable.
Vehicle
s2 Crimes Act 1961
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Ship
s2 Crimes Act 1961
Every description of vessel used in navigation, however propelled.
Aircraft
s2 Crimes Act 1961 and Civil Aviation Act 1990
Any machine that can derive support from the air.
Obtain
s217 Crimes Act 1961
Means obtain or retain for him/herself or for any other person.
Benefit
s267 Crimes Act 1961
Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Loss
Financial detriment
R v Morley
Person
Includes companies and organisations.
Sufficiently proximate
Must have taken a ‘real and practical step’ towards committing the offence.
R v Harpur
Attempts
To be guilty of an attempt to commit an offence, a person must intend to commit the offence, and take a real and substantial step towards achieving that aim.
s72 CA61
Immediately and proximately connected with the intended offence.
*Must prove intent to commit the full offence.
R v Collister
Intent can be inferred from actions before/during/after, surrounding circumstances, and the nature of the act itself.
Cameron v R
Real possibility actions would bring proscribed result and that circumstances existed. Actions were unreasonable given the risk.
R v Tipple
Knew risk and deliberate decision to run the risk.
R v Archer
Property damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R v Morley
Loss is assessed by the extent to which victims position has been diminished or impaired.
R v Wilson
Tenancy = interest
R v Harpur
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops. Conduct may be considered in its entirety. Considering how much remains to be done it always relevant, though not determinative.
Legally you are allowed to set fire to your own property, unless you:
- Intend to cause loss to someone else as a result of the fire
- Know or ought to know that fire will endanger life
- Know that the fire is likely to destroy or damage someone else’s property as a consequence.
The Fire Service Specialist Fire Investigator will liaise with the designated PFILO or Police in relation to four specific matters:
- Handover of the fire scene
- Access to the fire scene
- Process for examination and investigation
- Identification and collection of evidence at the fire scene
Five examples of carelessness that might result in a fire:
- Misusing electricity
- Children playing with matches/lighters etc.
- Leaving clothes near heaters
- Setting off fireworks
- Leaving fat unattended while cooking
- Smoking
To determine seat of fire, SFI will consider:
- Witness reports and where they were and when they noticed fire
- Wind direction and speed, weather
- Direction of spread
- Colour of flames and smoke
- Severity of damage
- Depth of charring
- Presence of starting devices
Materials/things used to start a fire
- Candles
- Molotov cocktails
- Chemical igniters
- Timing devices
- Matches and cigarettes
Police responsibilities at fire scene examination and investigation:
- 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 the authority to remove evidence
- The preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency.
Power conferred by s42 Fire and Emergency NZ Act 2017 on person in charge of the Fire Service at the fire site
EBERCC
(a) enter any land, building or structure
(b) break into any building or structure that may be on fire or otherwise endangered or that is near the emergency
(c) take or send any equipment or machine required to be used into, through, or upon any land, building, or structure
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure
(e) cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part)
(f) cause any building or structure to be pulled down or shored up (either in whole or part) at the time of the emergency or within a reasonable time frame afterwards.
Fire
The result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Dangerous engine, instrument or thing
A device intended to explode or cause fire or emission of noxious things.
Spalling
Created when heat causes expansion of trapped moisture resulting in a steam explosion
A point of origin is the exact location at which:
- A component failed
- A fire was maliciously lit
- An accidental fire originated
s32 Fire Service Act 1975
Police must cooperate with the person in charge of the Fire Service at an event, and may, if called upon to do so, exercise powers under 28(4) of the Act.
s28(4) Fire Service Act 1975
- 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 Fire Service (can break into vehicles to do this)
- 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.
FILO’s responsible for:
- Attending every fire that results in injury or death
- Coordinating fire investigations in their area/district
- Arranging Police attendance at scenes where required
- Maintain effective working relationships with the relevant Fire Service Investigation Liaison Officer and Fire Service Specialist Fire Investigators
- Assisting areas or districts with fire investigation-related queries
- Coordinating fire investigation training for any Police employees
Potential injuries through hazards
- Inhalation of toxic substances (particularly car fires)
- Ingestion of particles
- Cuts/wounds from sharp objects
- Airborne dusts, particles etc
- Tripping
- Falling down, over, onto or into obstructions or cavities
- Items falling from above, or chain reaction of falling objects
Clothing protection
- Helmet
- Overalls
- Nose and mouth filter, or a full face respirator
- Gloves
- Safety glasses
- Heavy duty footwear with steel soles and top caps
Common methods of setting fires
- Candles
- Chemical ignitors
- Electrical apparatus
- Electric matches
- Matches and cigarettes
- Molotov cocktails
- Timing devices
- Trailers
Non-intentional causes of fires
- Carelessness
- Faults
- Nature
Fire scene examination - initial action
Interview the incident controller and find out:
- Time/date of call and manner in which it was received
- What appliances attended
- State of the fire upon arrival
- What action Fire Service has taken (particularly in entry and ventilating after), alterations they have made to the scene
- Information about security of building
- Do they think fire is suspicious and why
- Opinions on the informant
- Details of people of vehicles acting suspiciously in the vicinity
Interviewing witnesses
To gain knowledge of sequence of events before/during/after the fire
- Person who discovered, raised the alarm, and informed Police/Fire
- Fire fighters
- Occupants and their visitors
- Employees
- Owners
- Neighobours
- Passers-by
- Local Police
- Patrols
- Other Police and security staff
- Vendors and delivery people
- Reporters and photographers
Ask about suspects/people movements/people who have left. Consider sourcing media footage for ID’s.
Difficult to preserve scene
If demolition required for safety, record by:
- Sketches
- Photographs
- Plans
- Video recordings
External examination
Takes into account:
- Adjoining premises (accelerant containers, attempts at forced entry, broken windows)
- Nearby alleyways/streets/driveways
- Yards and outbuildings of the property
- Periphery of the structure itself
- Debris scattered
Area exam may reveal
Area may reveal accelerant containers, missing contents, run down property, struggling business
Structure exam may reveal
Structure may reveal signs of forced entry, window glass broken before fire, and burn patterns above doors
Detailed internal examination
Accompany the SFI while they complete detailed examination
They will observe/note/take into account:
- Smoke deposits and burn patterns
- Spalling
- Damage to wall studs
- Damage to roofing timbers
- Damage to window sills and door edges
- Soot deposits on window glass and craze patterns
- Floor areas burned through
- Skirting board damage
- Elimination of false low burns
- Removal of fire debris
- Under floor inspections
At the conclusion of internal exam, SFI will be able to determine
- Area of origin
- Point of origin
- Seat of the fire
Determining seat of fire, SFI will consider:
- Witness reports
- When they first noticed the fire and where they were
- The state of the fire at that time
- Wind direction and speed, and the weather
- Direction of spread
- Colour of flames and smoke (may also point to cause)
- Severity of damage
- Depth of charring
- Presence of ‘starting devices’
- The reports and opinions of other specialists
Suspect enquiries in respect of fires not involving explosives
Establish the suspects:
- Opportunity
- Motive
- Mens rea (guilty mind)
- Connection with the scene and the crime
- Character, mental background, history, movements and behaviour
Consider search warrant
Ask for suspects explanation for evidence seized
Common electrical ignition sources and techniques (either accidental or deliberate)
- Heaters and clothing
- Electric lamp and petrol igniters
- Ignition of the main switch board wiring by use of a gas torch applied to the earth or neutral bards
- ‘Fallen’ table or standard lamp in conjunction with combustible materials
- Toaster with nearby curtains
- Leaving a pot of stew on a stove element
- Ceiling exhaust fans
- Electric urns, bread makers, water heaters, deep fryers and rice cookers
Characteristic damage caused by explosives
- Cratering
- Spread of debris
- Shedding of materials
- A smell peculiar to the exploded material
- An overlay of dust
- Shrapnel marks
*Gases don’t leave a crater - however blow out bottoms or tops of walls depending on if light or heavy gas.
Liquid samples
- Ensure liquid samples are secure and isolated from other exhibits
- Do not forward liquid samples in anything other than the bottles provided
- Ensure tops are tightly fastened. Clean the outside surface of the bottles and place the bottles in the polystyrene box
- If possible, hand deliver the samples. Otherwise post the box.
- Alternatively, place in a tin. Secure the tin and send the entire kit as a unit
Power company/home owner
Up until the meter box = power company
Meter box to the home = home owner
8 stages of systematic examination of scene of fire
- Plan - staff, logistics, equipment, responsibilities
- Prepare examination
- Exterior exam
- Internal exam
- Cause of fire
- Witnesses
- Evidence - label, organise, preserve
- Area enquiries.
