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Arson > Arson > Flashcards

Arson Flashcards

1
Q

Natural causes of Fire

A

Fire can be caused naturally by any combination of fuel, heat source and air. Factors include:
- Chemical reaction
- Sun’s rays
- Lightning
- 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, turps or paint

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2
Q

Power under Section 28, Fire Service Act 1975

A

The person in charge of the fire service is charged with the direction or operations at a fire under section 28, FSA 75. These powers confer right to:
- Enter private property when it is on fire, or when entry is essential to perform a necessary duty
- Close roads
- Remove vehicles impeding fire service, if necessary, can break into vehicles for that purpose
- Remove people in danger or interfering with operations, use reasonable force if necessary
- Do anything else that is reasonably necessary to protect life and property

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3
Q

Use of Fire Service Powers by Police

A
  • 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
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4
Q

MOU between Police and Fire Service

A
  • Ensure investigations of fire scene are efficiently coordinated, and expertly and independently conducted and,
  • Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries
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5
Q

Fire Service will notify Police if:

A
  • A fire results in serious injury or death, or
  • A fire is considered suspicious
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6
Q

Fire Investigation Liaison Officer role:

A
  • Attends every fire that results in serious injury or death
  • Arrange Police attendance where required
  • Coordinates fire investigations in their area or district
  • Coordinate fire investigation training for Police employees in their area/district
  • Provide other advice and expertise as required
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7
Q

What is a Specialist Fire Investigator (SFI):

A

An SFI is employed by the fire service and typically possesses extensive experience in firefighting and fire safety. They have received specialised training and assessment in fire investigation techniques.

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8
Q

Specialist Fire Investigator (SFI) will be called to attend and investigate:

A
  • Fires where fatalities occur
  • Fires where serious life-threatening fire related events occur
  • Structure fires where the cause is suspicious or not determined
  • Significant fire spread across property boundaries
  • Fires in buildings where fire safety features have failed
  • Any other fire, upon request from Police or other agency
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9
Q

What is a Fire Service Investigation Liaison Officer (FSILO):

A

A staff member from the fire service. They are responsible for:
- Arranging specialist fire investigator attendance at scenes when requested by Police and
- Establishing and maintaining effective working relationships with Police FILO in respective Police areas

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10
Q

What do the Specialist Fire Investigator and FILO discuss?

A
  • Handover of the scene
  • Access to the fire scene
  • Process of examination and investigation
  • Identification and collection of evidence at the fire scene
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11
Q

Police responsibilities - At a fire scene examination and investigation, Police must:

A
  • Conduct the criminal investigation or coronial enquiry
  • Responsible for the 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
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12
Q

Common methods of setting fires:

A
  • Candles
  • Chemical igniters: potassium permanganate, sugar and glycerine, potassium chlorate, sugar and sulphuric acid
  • Molotov cocktails
  • Matches and cigarettes
  • Electric matches
  • Electrical apparatus: bar heater facing a wall or furniture, an iron left flat on a surface
  • Timing devices
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13
Q

Carelessness that might result in a fire:

A
  • Kids playing with matches or lighters
  • Ironing
  • Fireworks
  • Smoking
  • Leaving a stove or heater on
  • Leaving cooking unattended
  • Vagrants lighting fires for warmth that get out of control
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14
Q

Evidence of wilful causes of fire:

A
  • Evidence of accelerants
  • Evidence of explosives
  • Evidence of intentional interference
  • Intentional removal of valuable property
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15
Q

In determining the seat of a fire, the SFI will consider:

A
  • Weather, wind direction and speed
  • Witness reports
  • The colour of the flames and smoke
  • The direction of spread
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16
Q

What to ask the ‘Incident Controller’ at the scene:

A
  • Time and date the call was made and the manner it was received
  • What appliance attended
  • What state the fire was in when fire service arrived
  • Whether they thought the fire was suspicious and if so, why?
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17
Q

What conferences assist with and who attends:

A
  • Identifying suspects
  • Reconstructing a scene
  • Assessing information obtained
  • Planning further enquiries
  • Establishing possible motives
  • Attends: OC CIB, OC Investigation, Police Photographer, SOCO, Fingerprint Specialist
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18
Q

Power of ‘Authorised Person’ in relation to land, building or structure (LBS) under Section 42(1), FSA 75:

A
  • Enter any LBS
  • Break into any building or structure that may be on fire or otherwise endangered
  • Take or send any equipment or machine required into, through or upon any land, building or structure
  • Remove from any LBS 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 a reasonable time afterwards
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19
Q

Protective Clothing that should be worn at scene:

A
  • Helmet
  • Nose and mouth filter
  • Overalls
  • Gloves
  • Footwear with steel soles and caps
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20
Q

People who should be interviewed:

A
  • Owner/occupier of the house
  • Person who last secured the house
  • Person who set the alarm
  • Bystanders
  • People loitering
  • Media
  • Local Police
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21
Q

Scene security considerations for Police:

A
  • Control onlookers and property owners
  • Avoid interference of the scene
  • Preserve evidence
  • Prevent looting
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22
Q

Steps to follow in relation to an exhibit at a fire scene:

A
  • Photograph in situ, label the exhibits and preserve them in containers
  • Use approved arson kits if available, if not, use suitable containers
  • Take control samples such as charred timber and debris from the seat of fire, any accelerant found near the scene, soil from the surrounding area
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23
Q

The point of origin is the exact location in which:

A
  • A component failed
  • An accidental fire originated
  • A malicious fire was lit
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24
Q

At the conclusion of the examination, you will be able to determine:

A
  • Seat of the fire (the area where the main body of the fire is located)
  • Area of origin
  • Point of origin
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25
Q

Where it is difficult to preserve the scene, the investigator must record the scene prior to demolition by:

A
  • Photos
  • Videos
  • Sketch
  • Plan
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26
Q

Preliminary internal examination:

A
  • Missing family photos, personal items
  • Open filing cabinets or missing files
  • Building area in need of repair
  • Signs of hardship
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27
Q

Detailed internal examination completed by SFI accompanied by Police:

A
  • Damage to roofing timber
  • Damage to wall studs
  • Damage to window sills
  • Damage to skirting boards
28
Q

External examination takes into account:

A
  • Yards and outbuilding of the fire affected property
  • Adjoining premises which often reveal accelerant, attempts, forced entry, broken windows, forced doors
  • What distance debris was scattered
  • Nearby alleyways, streets, driveways
29
Q

External examination - the surrounding area may also reveal:

A
  • Accelerant containers
  • Business appears to be struggling
  • Content of building missing
  • Property rundown
30
Q

External examination - the damaged structure may reveal:

A
  • Jimmy marks or other signs of forced entry
  • Burn patterns above doors or windows
  • Window glass broken before fire ignited
31
Q

Conduct a preliminary interview with the owner. Find out:

A
  • When the premises were last secured
  • Whether they know the cause of the fire
  • Details of any suspects and insurance
  • Type of business
  • Actions leading up to the fire
32
Q

Characteristics caused by explosives:

A
  • Cratering
  • Overlays of dust
  • Spread of debris
  • Shedding of materials
  • Shrapnel marks
33
Q

Initial Action - Fire involving explosives:

A
  • Do not handle or interfere with anything unfamiliar, it could be a second device
  • Do not use cell phones, portable radios or transmitting devices
  • Evacuate scene at least 100m, ensure people leaving 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 sitreps to comms
34
Q

Intentional Fires designed to look like accidents:

A
  • Clothing on heaters
  • Toaster with nearby curtains
  • Leaving pot on stove element
  • Tampering of electric urns, bread makers, water heaters, deep fryers and rice cookers
35
Q

How to link a suspect to an arson:

A
  • Burnt facial skin
  • Products of combustion on skin
  • Smell of smoke
  • Residue of fuel
36
Q

Suspect Enquiries - Step 1: You may identify the suspect by means of (MF-II-IO)

A
  • Media response
  • Fingerprints
  • Information from informants and witnesses
  • Intelligence office of FILO
37
Q

Suspect Enquiries - Step 2: Possible suspects may include:

A
  • 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
38
Q

Suspect Enquiries - Step 5: Complete enquiries to establish the suspects:

A
  • Opportunity
  • Motive
  • Mens rea
  • Connection with the scene and crime
  • Character, mental background, history, movements and behaviour
39
Q

Suspect Enquiries - Step 6: Consider a search warrant:

A

When executing a search warrant, search suspects:
- Residence, vehicle, workplace and clothing.
Evidence could include:
- Accelerant, containers, ignites and traces of debris.

40
Q

What are the 4 ‘Beliefs of Claim of Right’:

A
  • Belief must actually be held by the defendant
  • Belief must be held at the time of the conduct or act
  • Beliefs in a proprietary or possessory right in the property
  • Belief must be about the rights to the property in relation to which the alleged offence has been committed
41
Q

Definition of ‘Intent’:

A

There must be an intention:
- To commit a deliberate act,
- To get a specific result

42
Q

Intent Case Law - R v Collister:

A

Circumstantial evidence from which an offender’s intent may be inferred can include:
- The offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself

43
Q

Reckless Case Law - Cameron v R:

A

Recklessness is established if the defendant recognised that there is a real possibility that his or her actions would bring about the proscribed result and the proscribed circumstances existed and having regard to that risk, those actions were unreasonable.

44
Q

Reckless Case Law - R v Tipple:

A

A deliberate decision to run the risk

45
Q

Without Claim of Right (Ingredient for Intentional Damage)

A

Claim of right: no belief in possessory or proprietary right to the property

46
Q

Definition of ‘Destroys’ (Ingredient for Intentional Damage):

A

End the existence of (something) by damaging or attacking it

47
Q

Definition of ‘Damages’ (Ingredient for Intentional Damage):

A

Physical harm that impairs the value, usefulness, or normal function of something

48
Q

Definition of ‘Property’ (Ingredient for Intentional Damage):

A

Includes any real and personal property and any estate or interest and any debt, etc.

49
Q

Damages by Fire (Ingredient in Danger to Life):

A

Burning or charring, does not need to be set alight

50
Q

Damages by Fire case law - R v Archer:

A

Property if it suffers permanent or temporary harm, or permanent or temporary impairment to its use or value

51
Q

Damages by means of explosive (Ingredient in Danger to Life):

A

A mixture or substance capable of decomposition at a rapid rate that results in explosion or produce a pyrotechnic effect. Includes gunpowder, gelignite, and detonator. Does not include firearms and fireworks.

52
Q

Knowing: Simester & Brookbanks (Ingredient in Danger to Life):

A

Knowing means knowing or correctly believing. The belief must be a correct one.

53
Q

Life (Ingredient in Danger to Life):

A

Must be someone else’s life and must be human.

54
Q

Subjective Test:

A
  • What was the defendant thinking at the time?
  • Did the defendant know that human life was likely to be endangered by his actions?
55
Q

Objective Test:

A
  • What would a reasonable person have thought in the same circumstances?
  • Would a reasonable person have recognised the risk?
56
Q

Proving an attempt:

A

The defendant must have progressed past the stage or mere preparation.

57
Q

You can set fire to your own property, unless you:

A
  • Intend to cause loss to someone else as a result of the fire
  • Intend to obtain any benefit
  • Know or ought to know that the fire will endanger life
  • Know that the fire is likely to destroy or damage someone else’s property
58
Q

Arson - Danger to Life - Section and Ingredients:

A

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

59
Q

Arson - Immoveable Property, No Interest - Section and Ingredients:

A

Section 267(1)(b), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Damages by Fire OR Damages by means of explosive
- Any immovable property, vehicle, ship or aircraft
- In which that person has no interest

60
Q

Arson - Immoveable Property, Interest - Section and Ingredients:

A

Section 267(1)(c), CA 1961
- Intentionally
- Damages by Fire OR Damages by means of explosive
- Any immovable property, vehicle, ship or aircraft
- With intent to obtain any benefit OR cause loss to any other person

61
Q

Intentional Damage - Danger to Life - Section and Ingredients:

A

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 may ensue

62
Q

Intentional Damage - Property, No Interest - Section and Ingredients:

A

Section 269(2)(a), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- In which that person has no interest

63
Q

Intentional Damage - Property, Interest - Section and Ingredients:

A

Section 269(2)(b), CA 1961
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- With intent to obtain any benefit OR cause loss to any person

64
Q

Section 44 (1), FENZ Act 2017 - Other powers of Authorised Person

A
  • Shut off water from any main or pipe in order to obtain greater water pressure
  • 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 fire
  • Remove any vehicle impeding and use force to break in if necessary
  • Remove any person who is interfering with operations or is in danger
  • Do all the necessary things to preserve life and prevent damage to property and land
65
Q

What is a fire?

A

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Arson (3 decks)

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