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arson Flashcards

1
Q

criminal law is broken up into two types of intent… they are…
(definition of intent)

A

deliberate act, specific outcome.

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2
Q

whose responsibility is it to provie intent?

A

Prosecution.

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3
Q

circumstantial evidence to which an offenders intent may be inferred

A

Actions/words before, during, after.

surrounding circumstances

nature of act itself.

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4
Q

proving recklessness is broken up into two parts…

A
  1. they conscioulsy and deliberately ran a risk (subjective)
  2. the risk was unreasonable given the circumstances (objective- based on whether a reasonable person would have taken that risk)
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4
Q

what is fire the result of

A

combustion- a chemical reaction between fuel and oxygen triggered by heat.

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5
Q

definition of an explosive

A

any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

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6
Q

examples of explosives

A

ammunition
cartridges
detonators
dynomite
flares
gunpowder
rockets

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7
Q

are firearms and fireworks considered explosives?

A

no, neither of them meet the legal definition of an explosive

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8
Q

can you damange intangible property by fire or explosive?

A

you can damage it indirectly. for example damaging a computer where information was stored and now it is irritreviable

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9
Q

In the context of 267(1) what does danger to life mean

A

a human life other than the defendants.

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10
Q

what is not considered a vehicle

A

push chair.

shopping trolley.

wheel barrow.

pedistrian powered lawn mower.

wheelchairs without motors.

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11
Q

does tenancy count as a persons interest in a property?

A

yes, a tenant cannot be convicted of recklessly damaging the tenanted property by fire.

Though they can be convicted if they intentionally caused loss to any other person or knew that danger to life was likely to ensue.

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12
Q

define person/owner

A

Board,
company,
crown,
public body,
local authority,
society

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13
Q

to be guily of an attempt you must

A

intend to commit the offence

take real and substantial steps towards achieving that aim

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14
Q

section 72 attempts

A

everyone who has

an intent to commit an offence

does or omits an act

for the purpose

of accomplishing his object

is guilty of an attempt

whether or not in the circumstances

it was possible to commit that offence

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15
Q

to be guilty of an attempt the defendant must have…?

A

progressed past the stage of preparation and commenced actions to intended to commit the full offence

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16
Q

american model penal code examples of an attempt

A
  • enticing the victim to go to the scene of the contemplated crime
  • lying in wait, searching for or following the contemplated victim
  • possession, collection or fabrication of materials to be employed in the commission of the crime
  • reconnoitring the scene of the contemplated crime
  • soliciting an innocent agent to engage in conduct constituting an element of the crime
  • unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
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17
Q

The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters.

A

-access to fire scene
-handover of fire scene.
-ID / collection of exhibits
- process for examination/investigation

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18
Q

proving knowledge in providing explosives to commit an offence

A

it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance.

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19
Q

Providing ‘explosives’ covers what kind of items

A

covers dangerous engines and instruments and things; devices intended to explode or cause fire or emission of noxious things.

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20
Q

Possession of explosive device re Section 272 Crimes Act 1961 Providing explosives to commit an offence

(intent)

A

made it or possess it with intent for it to be used by another person.

They do not need to know the ID of that person or how it will be used.

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21
Q

In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.

A

− witnesses’ reports
− when they first noticed the fire and where they were at the time
− the state of the fire at that time
− wind direction and speed, weather
− the direction of spread
− the colour of the flames and smoke
− severity of the damage
− depth of charring
− the presence of starting devices
− reports and opinions from other specialists.

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22
Q

List examples where carelessness may cause a fire.

A

− misusing electricity
− children playing with matches, cigarette lighters and so on
− burning off paint
− vagrants lighting fires
− welding and other industrial processes
− leaving clothes near heating
− wrapping up live ashes in paper
− ironing
− setting off fireworks
− using or storing flammable materials
− burning rubbish
− using domestic or camp fires
− leaving a stove or heater on
− leaving fat unattended while cooking
− smoking

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23
Q

List examples of material used to start a fire.

A

− candles
− chemical igniters
− electrical apparatus (irons, heaters etc)
− electric matches
− matches and cigarettes
− Molotov cocktails
− readily available combustible material
- rubbish
− timing devices
− trailers

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24
Q

Detail the Police responsibilities at a fire scene examination and investigation.

A

− 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.

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25
Q

Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site.

A

(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 in part) at the time of the emergency or within a reasonable time afterwards

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26
Q

ARSON (danger to life) 267(1)(a) CA

A

Intentionally

or recklessly

Damages by fire or

damages by means of explosive

any property

if he or she knows or ought to known that danger to life is likely to ensue.

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,

DAMAGES BY FIRE

DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

DAMAGES BY MEANS OF EXPLOSIVE

DEF:
any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY PROPERTY:

real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest

IF THEY KNOW OR OUGHT TO KNOWN THAT DANGER TO LIFE IS LIKELY TO ENSUE

DANGER TO LIFE
DEF:
Human life, other than the defendants.

KNOWLEDGE:
DEF:
knowing or correctly
believing”. They may believe something wrongly, but cannot ‘know’ something that is false”.

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27
Q

ARSON (vehicle/immovable property) 267(1)(b) CA

A

Intentionally

or recklessly

WOCOR

Damages by fire or

damages by means of explosive

any Immoveable property or vehicle or ship or aircraft.

In which that person has no interest

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,

CLAIM OF RIGHT

DEF:

belief at the time of the act in proprietary or possessory right to property though that beleif may be based on ignorance or mistake or on any matter of law.

DAMAGES BY FIRE

DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

DAMAGES BY MEANS OF EXPLOSIVE

DEF:
any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY IMMOVEABLE PROPERTY:

PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)

VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.

SHIP
DEF: any vessel used for naviagation however propelled.

AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.

NO INTEREST

CASELAW:
R V WILSON
Tenancy of a property constitutes as interest.

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28
Q

ARSON (Cause loss/ obtain benifit) 267(1)(c) CA

A

Intentionally

or recklessly

Damages by fire or

damages by means of explosive

any Immoveable property or vehicle or ship or aircraft.

with intent to obtain any benifit or cause loss to any person

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,

DAMAGES BY FIRE

DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

DAMAGES BY MEANS OF EXPLOSIVE

DEF:
any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY IMMOVEABLE PROPERTY:

PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)

CASELAW:
R V WILSON
Tenancy of a property constitutes as interest.

VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.

SHIP
DEF: any vessel used for naviagation however propelled.

AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.

WITH INTENT TO OBTAIN ANY BENIFIT OR CAUSE LOSS TO ANY OTHER PERSON

OBTAIN
DEF: to obtain or retain from oneself or for another person.

BENIFIT:
DEF: Any Benifit, pecuniary advantage, privilege, property, service, valuable consideration.

LOSS
DEF: financial detriment to the vicim

CASELAW:
R V MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.”

PERSON
DEF: includes real people/ companies/ organisations.

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29
Q

max penalty for arson

A

14 years

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30
Q

max penalty for attempted arson

A

10 years

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31
Q

Attempted Arson Section 268 Crimes Act 1961

A

ATTEMPTS
TO COMMIT ARSON
IN RESPECT OF ANY
IMMOVEABLE PROPERTY
OR VEHICLE
OR SHIP
OR AIRCRAFT

ATTEMPTS
DEF:
everyone who has
an intent to commit an offence
does or omits an act
for the purpose
of accomplishing his object
is guilty of an attempt
whether or not in the circumstances
it was possible to commit that offence

CASELAW
R V HARUR :

The Court may have regard to the conduct viewed cumulatively and [may] be considered in its entirety.
Considering how much remains to be done … is always
relevant, though not determinative.”

TO COMMIT ARSON

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,

DAMAGES BY FIRE

DEF:
Burning, charring, melting, blistering of paint or
significant smoke damage may be sufficient.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

DAMAGES BY MEANS OF EXPLOSIVE

DEF:
any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY IMMOVEABLE PROPERTY:

PROPERTY
DEF:
Property will be considered immoveable if it is currently fixed in place and unable to be moved (even if it is possible to make it moveable)

VEHICLE
DEF:
A contrivience equipped with track, wheels, or revolving runners on which it moves or is moved.

SHIP
DEF: any vessel used for naviagation however propelled.

AIRCRAFT
DEF: any machine that can derive support in the atmosphere from the reactions of the air.

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32
Q

Intentional damage 269(1) CA 1961

A

(10 yrs)
INTENTIALLY
OR RECKLESSLY
DESTROYS
OR DAMAGES
ANY PROPERTY
THEY KNOW
OR OUGHT TO KNOW
DANGER TO LIFE
IS LIKELY TO RESULT

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk,

DESTROYS OR DAMAGES

DEF:
by any means whatsoever other than fire.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY PROPERTY:

real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest

IF THEY KNOW OR OUGHT TO KNOWN THAT DANGER TO LIFE IS LIKELY TO ENSUE

DANGER TO LIFE
DEF:
Human life, other than the defendants.

KNOWLEDGE:
DEF:
knowing or correctly
believing”. They may believe something wrongly, but cannot ‘know’ something that is false”.

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33
Q

Intentional damage 269(2)(a) CA 1961

A

(7 yrs)
INTENTIALLY
OR RECKLESSLY
WOCOR
DESTROYS
OR DAMAGES
ANY PROPERTY
IN WHICH THEY HAVE NO INTEREST

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk

CLAIM OF RIGHT

DEF:

belief at the time of the act in proprietary or possessory right to property though that beleif may be based on ignorance or mistake or on any matter of law.

DESTROYS OR DAMAGES

DEF:
by any means whatsoever other than fire.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY PROPERTY:

real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest

IN WHICH THAT PERSON HAS NO INTEREST

CASELAW
R V WILSON:
Tenancy of a property constitutes an interest.

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34
Q

Intentional damage 269(2)(b) CA 1961

A

(7 yrs)
INTENTIALLY
OR RECKLESSLY
WOCOR
DESTROYS
OR DAMAGES
ANY PROPERTY
WITH INTENT
TO OBTAIN
ANY BENIFIT
OR CAUSE LOSS
TO ANY PERSON

INTENTIONALLY

DEF:
deliberate act, specific outcome.

CASELAW:

R V COLLISTER
Intent inferred by circumstance

RECKLESSLY

DEF:
Consciously and deliberately ran a risk which was unreasonable in those circumstances.

CASELAW:

CAMERON V R

reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.

R V TIPPLE
had consicous apprecaition of the risk and made a delierate decision to run that risk

DESTROYS OR DAMAGES

DEF:
by any means whatsoever other than fire.

CASELAW:

R V ARCHER
Property may be damaged if it suffers permanent or temporay physical harm or permanent or temporay impairment of its value of use.

ANY PROPERTY:

real and personal property, any estate or interest in any real or personal property, money, electricity, any debt, any thing in action, and any other right or interest

WITH INTENT TO OBTAIN ANY BENIFIT OR CAUSE LOSS TO ANY OTHER PERSON

OBTAIN
DEF: to obtain or retain from oneself or for another person.

BENIFIT:
DEF: Any Benifit, pecuniary advantage, privilege, property, service, valuable consideration.

LOSS
DEF: financial detriment to the vicim

CASELAW:
R V MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.”

PERSON
DEF: includes real people/ companies/ organisations.

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35
Q

what will the fire service inform police of?

A

if it resulted in a death
If it is a suspicious fire.

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36
Q

What is a FILO

A

Fire investigation liasion officer

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37
Q

the FILO’s responsibility?

A

‑ attending every fire that results in serious injury or death

‑ co‐ordinating fire investigations in their designated area or district

‑ arranging Police attendance at fire scenes

  • maintain effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators

‑ assisting areas or districts with fire investigation/ queries

  • ensure communication is maintained with the Police National Fire Investigation Co‑ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate

‑ co‐ordinating fire investigation training police

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38
Q

what do specialist fire investigators attend? (Fire and Emergency)

A

‑ fatal fires

‑ fires where serious (life threatening) fire‐related injury has occurred

‑ structure fires where the cause is suspicious or cannot be determined

‑ significant fire spread across a property boundary

‑ fires in buildings where built‐in fire safety features have failed, or not performed to known or expected standards

‑ structure fires of 3rd alarm equivalent (at least six appliance) or greater, that may have a significant regional or national consequence

‑ any other fire, upon request from Police or another agency

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39
Q

how many fire investigators will attend and support an investigation if it resulted in a fatality/ life threatening injury?

A

A minimum of two.

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40
Q

what is a FSILO

A

Fire Service Investigation Liaison Officers

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41
Q

what are Fire Service Investigation Liaison Officers responsible for?

A

‑ arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police.

-establishing and maintaining effective working relationships with relevant Police Fire Investigation Liaison Officers (FILOs), in
the respective Police districts/areas

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42
Q

fire scene control, notification and hand over.

(six stages)

A
  1. fire and emergency have control over an active fire. they will hand over scene once the fire is extinguished and there is no threat to life.
  2. They will notify police if it is a suspicious/ unknown cause or if it was a fatal fire/ life threatening injury occured.
  3. when police attend a fire scene, the designated police investigating officer will confer with the incident controller and seek authority to take over scene.
  4. Fire and emergency will not normally handover a fire scene until the danger of fire/ structural collapse/ exposure to dangerous products of combustion/ other fire related hazards have been identified/ eliminated/isolated/minimised.
  5. multi agency fire scenes require an investigation plan prior to any investigation.
  6. investigation plan will include an outline of how the investigation will proceed and the role of each agency.
43
Q

are fire and emergency staff allowed to enter the scene once police have taken over the scene.

A

at police discretion.

44
Q

what will the specialist fire investigator liaise with the fire investigations liasion officer about?

4

A

Hand over of scene.

access to scene.

process for examination and investigation.

ID and collection of evidence.

45
Q

what is Police responsibility at a fire scene?

A

criminal investigation or coronial enquiry.

protection, collection and recording of forensic evidence.

46
Q

examples of fire scen hazard injuries

A

‑ Inhalation of toxic substances e.g. car fires emit particularly toxic and harmful gases

‑ Ingestion of particles etc.‑ Cuts/wounds from sharp objects

‑ Air borne dusts, particles etc.

‑ Tripping on fire debris‑ Falling down, over, onto or into any obstructions or cavities

‑ Items from above falling onto you or hitting objects and

47
Q

how do identify the best way to manage hazards

A

assess each possible hazard.

create a strategy for managing hazard.

48
Q

checking floors for hazards

A

Floor burns maybe evidence of the presence of accelerant although testing will be required. If possible look under the floor to see if it is
suitable for walking on

49
Q

checking stairs for hazards

A

Check underneath them to ensure they are safe to carry weight. Walk on the wall side of the stairs for both forensic (footprints) and
safety reasons.

50
Q

checking roofs for hazards

A

A fire that has been ‘held’ internally may result in an unstable roof, requiring it to be removed prior to investigation

51
Q

what PPE should you wear to a fire scene

A

‑ gloves

‑ heavy duty footwear with steel soles and toe caps

‑ Helmet (that complies with the relevant safety standard)

‑nose and mouth filter, a full‐face respirator or full BA (if required and qualified)

‑ Overalls

‑ safety glasses

52
Q

four most common materials used in buildings

A

concrete
Masonary
timber
steel

53
Q

minimising risk - timber buildings

A

will normally burn and char.

if members are thick enough, maintain sufficient integrity.

When entering a timber structure, take note of the thickness of structural members, the load it is carrying, and any sound emanating from structural members.

54
Q

minimising risk- steel

A

initial stages of a fire- unprotected steel will expand causing external and internal walls to be pushed out.

if there is sufficient fuel available, the unprotected steel will lose strength and collapse, pulling walls inwardly.

When heated steel is cooled it tends to contract and may:‑
fall off supports
loosely remain intact but collapse during excavation or movement of items with little or no warning.

Important: pay particular attention to the location and condition of steel beams and trusses etc.

55
Q

what happens if steel is heated to 1600 degrees

A

it will be reduced to less than 10% of its original strength

56
Q

minimising risk- concrete

A

concrete/ tilt slab construction, is the most unpredictable as it can be affected by extremely low fire temperatures,

It will topple like a deck of cards, in all directions. When subjected to fire, concrete can break away at the surface (spalling), and steel reinforcing may be exposed to sufficient heat to lose its tensile strength.

Look for-
concrete spalling
cracking
discoloured areas of concrete such as blue or green
exposed steel in concrete.

check if tilt slab fixing reinforcing construction fixings are the fixing cleats exposed or grouted

57
Q

what is spalling (concrete

A

is created when heat causes expansion of trapped moisture resulting in a steam explosion. Reinforcing steel at 1000 degrees retains only approximately 50% of its original strength therefore concrete can fail

58
Q

minimising risk- masonary

A

can be weakened by:
damage to supporting or connected structural members

deterioration of the mortar expansion of the wall

Visible signs of damage or weakness include
bowing/ collapse/ leaning of supporting floors or roof frames.
cracking.

59
Q

who is in charge while the fire is being fought?

A

The person in charge from fire and emergency
Police must comply with their instructions during an active fire.

60
Q

what powers does s28 fire service act 1975 give fire and emergency?

A

anything else that is reasonably necessary for the protection of life and property

close roads

private property when it is on fire or endangered, or when entry is essential to performing a necessary duty

remove people who are in danger or interfering with operations, (using reasonable force if necessary)

remove vehicles impeding the Fire Service. (If necessary, they can break into the vehicles for that purpose)

61
Q

use of fire powers by police

A

Police may use these powers if directed by person in charge of fire and emergency

(police must be directed- you cannot use powers just because you are present at the fire)

62
Q

who will ensure scene security during an active fire?

A

Fire service

63
Q

Scene security considerations for Police are:

A

ensuring the scene is not interfered with

exclusion and control of on‐lookers, property owners and other interested parties

preserving evidence

preventing looting.

64
Q

what should police look out for while at a fire scene?

A

be aware of re‐ignition from hotspots after the fire is extinguished

be vigilant and watch for possible suspects

identify any witnesses among onlookers and passers-bys.

by report all matters of significance to the OC/ scene coordinator

65
Q

what to consider when preserving the scene

A

liaise with fire incident commander re limitting operations within area of origin.

consider the number of personnel inside the structure- are they all necessary?

stop fire crews from moving/removing debris after the fire has been put out.

SCOPE
how much of the area needs to be preserved?
ie, single room/whole house/ surrounding area + house.

CORDON
identify centre of scene.

tape off outside what is considered to be the most obvious item of evidence that is furtherst away from the centre of the scene.

large scenes- use the natural boundaries to dictate your zones.

Make cordon as wide as practical.

COMMON APPROACH PATH

All traffic should be limited to the path that will keep disturbance of the scene to a minimum

Ideally the investigator should identiy the path before any other foot traffic enters.

WHEN IT IS DIFFICULT TO PRESERVE THE SCENE.
sometimes demolition is required due to safety- try and record the scene prior to deomolition with:
sketches
photographs
plans
video recordings.

STORAGE OF REMOVED SPOILS
clear warm area of scene if practical and clearly mark what spoils are from where in your scene.

66
Q

Personnel who might be used at a fire investigation.

A

PERSONNEL
-specialist fire investigator (at all fire scenes.)

others to consider:
accountant
agrticultural expert
building inspector
civil aviation inspector
ESR scientist
explosives inspector
fingerprint officer
fire investigations liaison officer.
forensic photographer
forensic mapper
forestry expert
heating engineer
insurance asssessor
marine surveyor
meteorologist.
mines inspector
pathologist
rural fire investigator
scene of crime officer
vehicle inspector

67
Q

Who does the OC Investigator need (appointments)

A

crime scene coordinator
exhibit officer
scene examiner

68
Q

what is a systematic approach to examine a scene

A

starting from the outside (undamaged area) and working your way in to point of origin

69
Q

setting up a clear area for materials to be removed during search because?

A

it helps avoid cross contamination

70
Q

what does point of origin mean?

A

a component failed
a fire was maliciously lit, or
an accidental fire originated.

71
Q

what should an external investigation take into account

A

Adjoining premises which often reveal

accelerant containers
attempts at forced entry
broken windows
forced doors
Nearby alleyways/streets/driveways
The yards and outbuildings of the fire effected property
The periphery of the structure itself
What distance debris was scattered, particularly if drums or cylinders have exploded.

The surrounding area of the involved premises may reveal:

accelerant containers
business appears to be struggling.
contents of outbuildings missing
property run‑down

The damaged structure itself may reveal:

burn patterns above doors and windows and “V” shaped burn patterns on external cladding
jemmy marks or other signs of forced entry on windows or doors
window glass broken before the fire was ignited

72
Q

preliminary internal examinations:

A

should involve a slow walk through the premises, from the area of least damage to that of most
damage, taking note of indicators such as:

building areas in need of repair

burn patterns

forced entry into an empty till

lack of clothing in wardrobes and drawers

low stock levels in commercial premises

missing family photographs/ furniture/personal

open filing cabinets or missing files

owner/occupier attitude during walk through (if access is permitted)

position of clothes if not in wardrobe or drawer

presence of accelerant containers or trails

rifled premises

separate unrelated seats of fire

signs of hardship (empty flats, shops to let, etc.)
items.

unusual odours

73
Q

what should you do after your preliminary walk through?

A

hold a conference to come up with plan of action
where you will document decisions/ set timings and roles.

74
Q

detailed internal investigation

A

you will accompany the Specialist Fire Investigator while they complete a detailed
examination of the scene.

examination they will observe, note and take into account a number of observations including:

damage to roofing timbers

damage to wall studs

damage to windows sills and door edges

elimination of false low burns

floor areas burned through skirting board damage

removal of fire debris

smoke deposits and burn patterns

soot deposits on window glass and craze patterns

spalling (the cracking or chipping of concrete as a result of being heated and cooled)

under floor inspection.

75
Q

what is crazing?

A

small cracks formed on glass created by rapid heat / rapid cooling.

76
Q

Specialist Fire Investigator might use the police investigator as what during the physical investigation?

A

a scribe.

77
Q

what will a Specialist Fire Investigator be able to ascertain at the end of their examination

A

area of origin
point of origin
the seat of the fire.

78
Q

evidence of accelerants may include:

A

burning under or behind boards where the liquid has run through the cracks

containers

multiple seats of fire

smell

traces in debris

uneven burning

unusually rapid spread or intensity of fire

78
Q

In determining the seat of the fire, the Specialist Fire Investigator will consider:

A

colour of the flames and smoke

depth of charring (probing may indicate where the fire has been burning or smouldering the longest)

direction of spread

presence of ‘starting devices’

reports and opinions of other specialists.

severity of the damage (fire and heat usually rise, the area at the lowest level of burning with the most severe damage is often the place where the fire started)

state of the fire at that time

weather

wind direction and speed

witness’ reports- when they first noticed the fire, and where they were at the time

79
Q

evidence of intentional interference

A

evidence of intentional removal of valuable property, or substitution of property

foreign material and objects, such as screws/batteries, that might be part of a device

hindering access

inconsistencies (for example, that the fire is rapid burning but there is no obvious cause)

misdirecting fire fighters

tampering with the alarm or sprinkler system

signs a crime had been committed

signs that furniture was rearranged to create a fire base

signs that a heater, soldering iron or other electrical appliance has been left on

signs that windows and skylights were opened to create a draught

unusual burn patterns or unusual time factors

80
Q

steps when dealing with exhibits

A
  1. photograph in situ
    label exhibits
    preserve in containers
  2. Use approved fire investigation/arson kits if these are available
  3. take control samples.
    charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points

any accelerants found near the scene

soil from the surrounding area.

81
Q

Prelim with owner

A

prelim with owner
-when was the premises last secured and by whom.
-do they know the cause of the fire?
- details for any suspects.
-details for any insurance.
-type of business.
-actions leading up to fire.
note their demenour.

82
Q

-why are conferences held?

A

assessing information obtained

establishing possible motives

identifying suspects

planning further enquiries.

reconstructing

83
Q

People attending conferences could include:

A

crime scene co‐ordinator

fingerprint technician/SOCO

Fire Investigation Liaison Officer

investigating officers

OC CIB

OC Investigation

other specialists as required.

Specialist Fire Investigator
Police photographer

84
Q

who chairs a conference?

A

Fire Investigation Liaison Officer
the crime scene co‐ordinator
senior Police employee present.

85
Q

initial action at scene for police.

A
  1. briefly interview informant
  2. secure and control scene.
  3. initial interview of specialist fire investigator (if present) or the OC of the first fire appliance to attend the scene.

4.Interview the incident controller at the scene and find out:

time and date of the call and the manner in which it was received

what appliances attended

the state of the fire when the Fire Service arrived

what action the Service has taken, particularly in entering the building and ventilating it after the fire

what information the Fire Service has about the building’s security

what alterations they have made to the scene

whether they think the fire is suspicious, and why

their opinions of the informant

details of people or vehicles acting suspiciously in the vicinity.

  1. If the fire is extinguished, ensure safety of the scene before an initial conference is held with the Specialist Fire Investigator, Police and conduct a preliminary examination of the scene
  2. If deemed suspicious then re‐group and hold a briefing conference
  3. Confer with other staff and determine a plan of action.
    Brief and deploy them to:
    conduct local enquiries
    guard and control the scene
    identify and interview witnesses at the scene
  4. Contact the Emergency Communications Centre and supply a SITREP. Ask for assistance if necessary and the attendance of specialists such as Fire Investigation Liaison Officer, Police
    photographer and fingerprint technicians.
    .
86
Q

people at the scene that you might consider interviewing:

A

Interview witnesses, including:

employees, including cleaners and casual staff

fire fighters

local Police patrols

neighbours

occupants and their visitors

other Police and security staff

owners

passers‐by

person(s) who found the fire, raised the alarm and informed Police or Fire

reporters and photographers.

spectators

vendors and delivery people

Ask about suspects and/or other people’s movements and people who have left the scene. Also consider sourcing media footage to
identify persons at the scene

87
Q

How might you ID a suspect?

A
  1. you may identify the suspect via.
    circumstances of fire
    enquiries at prisons/ phych wards/rehab centres/schools.
    fingerprints
    fire crews info on people who regularly attend fires.
    informant/witness information
    media response
    police resources
88
Q

fire involving explosives initial action

A
  1. remember there might be a second explosive device.
  2. do not use cell phones, radios, transmitting devices at scene.
  3. evac scene at least 100m away.
    ensure people take their personal items with them.
    consider using a search dog to locate device.
  4. if IED located obtain assistance from IED operator through department of labour or a expert through defence.
  5. give regular STREPS to comms.
89
Q

examining the scene of a fire involving explosives.

A
  1. when scene declared safe , conduct scene examination.
    use videos and photographs
  2. remember to continually reconstruct.
  3. request suitably experienced ESR analyst.
90
Q

identifying explosives

and w hat you might do and look for at the scene

A
  1. priortise locating the explosive used.
    the experts might be able to ID the type of explosive from an examination of the damage created.
  2. low powered explosive will explode in a general manner causing damage and spreading debris over roughly the same distance in all directions, though a low powered explosive confined, ex pipe, will become a high powered explosive.
  3. Explosives that explode at a rate of 1200 ‐ 5000 metres per second (mps) are characterised by the fact that damage occurs in a ‘least line of resistance’ pattern. This means that windows, doors and light walls blow out.
  4. Explosives that explode at a rate greater than 5000 mps do so in a directional manner. Sometimes they explode straight up and
    down in a definable blast pattern, causing great directional damage, and items that miss the directional blast are not as seriously
    damaged as might be expected. A person who is experienced in explosives can make an IED that will perform in this way.
  5. modern explosive residues are often slight and dissipate rapidly, the OC scene may need to authorise the expert to enter the centre of the scene before it has been fully examined.

In this case:‑ create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates (this may involve some exhibits being trampled underfoot)‑ have the ESR analyst start swabbing the area immediately (work outwards from the seat of the explosion)

vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue.

Ensure that the items used (including tools and so on) are all carefully cleaned before use.

Discuss the avoidance of cross contamination with the ESR analyst.

  1. It may also be necessary to remove body parts promptly, before they decompose and animal and insect activity contaminates the scene. The same clean path method should be used.
  2. record your impressions of any odours you detect.
91
Q

linking suspects to scenes- explosives

A

look for fingerprints and handwriting samples.

IED operators may be able to ID the ‘signature’ of the offender as they often create IEDs in the exact same way on each occasion.

bombers often create bombs from their home or from workshops- consider what evidence would be at these addresses to link them to the the bomb.

do not overlook tool marks, footprints etc.

seek advise from an explosives expert before conducting a 4X.

92
Q

bodies located at the scene

Explosions

A

obtain the services of a experienced pathologist.

individuals may be dismembered at scene from the blast or shrapenal within the vicinity of the explosion.

a sharp directional blast may only cause damage to one part of the body, oppsosed to the whole body.

consider x-rays to locate evidence within the body.

when ID’ing suspects consider suicide / terrorist attacks as motives.

93
Q

reconstructing explosions

A

If you are unable to identify the explosive using scientific analysis, consider reconstructing the explosion.
Reconstructive explosions must be carried out only:‑
under the supervision of the OC Scene

at a suitable range or site

in conditions as close to those of the original explosion as possible

in close association with explosives and scientific advisors

as a scientific test.

(if possible video /photograph the reconstruction)

94
Q

explsions- what to look for

A

a smell peculiar to the exploded material (for example, the smell of almonds is often associated with explosive or exploded
material)

cratering

overlay of dust

shrapnel marks

shredding of materials

spread of debris

95
Q

how do gas explosions differ to explosions caused by explosives

A

Explosions caused by gas generally cover a wider area than those caused by explosives, and they do not leave a crater.

Lighter‐than air gases such as hydrogen will create an outward blow at the top of a wall,

heavier‐than‐air gases blow out at the bottom of a wall.

96
Q

what to look for with containers used in explosions

A

You may find pieces of the device’s container scattered a considerable distance from the explosion centre

97
Q

what to look for non electric detonators

A

You may find

‘delay setting’ tag from the lead wire

fragments of the electric detonator casing (although this is highly unlikely).

lead wire which may help identify the type of detonator used

neoprene plug

remaining wire is often referred to as ‘fly wire

short‐circuiting shunt- a small piece of plastic that is removed from the wires before they are connected into the circuit

98
Q

what to look for: safety fuses

A

Burning leaves most of the fuse in a limp state but you should still be able to identify the colour and manufacturer.

The explosion may blow the fuse off its original path. You can find this path by looking for the scorched trail left by the fuse from the point of ignition to the explosion centre.

This will be evident even on concrete, and may leave patches of a tarry substance.

99
Q

what to look for: detonating cord

A

Used detonating cord generally leaves little residual trace, but the surfaces over which it was laid may be damaged.

You may find ‘cut off’ pieces of cord that have not detonated because, for example, they have been laid at sharp angles.

100
Q

what to look for igniter cord

A

Igniter cord often contains a thin wire and leaves a black, charred, ash‐like remnant. This remnant is less substantial than that of a safety fuse.

101
Q

what to look for associated items.

(Explosives)

A

You may also find unused explosives wrappers and packing material

102
Q

possible suspects may include:

A

Aggreived persons wanting revenge/ jealousy etc.
business competitors.
criminals covering up traces of a crime (burg/ homicide etc)
employeees
owner/occupier (insurance)
pyromanics.
pupils/ex pupils of a school set alight.
members of the fire service- excitement/ recognition.

103
Q

investigate suspects thoroughly, obtain:

A

associates
criminal history.
full particulars
motor vehicle access.
photographs.

104
Q

complete suspect enquiries to ascertain

A

character/MH/ movements/ behavour.
connection to scene
mens rea
motive
opprtunity

105
Q

where and what might you look for during a search warrant relating the suspect?

What will you do once you find that property?

A

search- clothing, residence, workplace, vehicle for:
accelerants.
containers.
igniters.
wick fabric
traces of debris

photograph evidence

be alert for signs that they have been at a fire…
burnt fair, smells of smoke, debris, residue of accelerants on skin,

provide property sheet.

exhibits, secured, labeled, and uplifted by exhibits officer.

DDP (10 decks)

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