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Arson > Arson > Flashcards

Arson Flashcards

1
Q

What was held in R v Archer?

A

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

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2
Q

Case law for Damage?

A

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.

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3
Q

Define fire

A

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

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4
Q

Define explosive

A

Means 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.

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5
Q

What was held in R v Morley (cause loss)?

A

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

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6
Q

What elements must exist to be guilty of attempted arson?

A

Intend to commit the offence AND take a real and substantial step towards achieving that aim.

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7
Q

What was held in R v Harpur?

A

The court may view conduct cumulatively up to the point when the conduct stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is relevant though not determinative.

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8
Q

What was held in Cameron v R?

A

Recklessness is established if:
- The defendant recognised there was a real possibility that their actions would bring about the proscribed result
and/or
- That the proscribed circumstances existed and having regard to that risk those actions were unreasonable.

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9
Q

What is the section and elements for Arson - Danger to life?

A

Arson - Danger to life
Section 267(1)(a), CA 1961

  1. Intentionally/Recklessly
  2. Damages by fire/by any means of explosive
  3. Any property
  4. Knows/Ought to know Danger to life was likely to ensue
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10
Q

What is section 267(1)(a), CA 1971?

A

Arson - Danger to life

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11
Q

Define intent.

A

Intent means an intention to commit a specific act and intention to obtain a specific result.

R v Collister - Words and actions before, during, after, the nature of the offence, and surrounding circumstances, point to intent.

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12
Q

Define Recklessness.

A

Cameron v R - the defendant knew there was a real possibility his actions could bring about a proscribed result and the proscribed circumstances existed and having regard to those risks his actions were unreasonable.

R v Tipple - A deliberate decision to run a risk

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13
Q

Define property.

A

Real and personal property, estate or interest

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14
Q

Define danger to life.

A

Must be danger to someone else’s life and must be human

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15
Q

Define immovable property.

A

Currently fixed in place, although able to be moved. Higher in value. Generally relates to buildings and land and things growing on land such as forests.

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16
Q

Define vehicle.

A

Contrivance with wheels, tracks, rollers, runners which can make it move

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17
Q

Define ship

A

Any description of vessel used in navigation

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18
Q

Define aircraft

A

Machine that derives support from the air

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19
Q

What is the section and elements of Arson - No interest?

A

Arson - No interest
Section 267(1)(b), CA 1961

  1. Intentionally/Recklessly
  2. Without claim of right
  3. Damages by fire/,by any means of explosive
  4. Any immovable property/vehicle/ship/aircraft
  5. In which that person has no interest
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20
Q

What is section 267(1)(b), CA 1961?

A

Arson - No interest

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21
Q

What is the case law for interest in property?

A

R v Wilson - Tenancy of a property constitutes interest.

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22
Q

List the natural causes of fire

A

Chemicals That Light Stuff Really Spontaneous
1. Chemical reaction
2. The Suns Rays
3. Lighting
4. Static electricity
5. Rodents eating through wiring
6. Spontaneous combustion

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23
Q

What Powers do Fire Service have under section 28 of Fire Service Act 1975

A

Everybody Calm Right Right Down
1. Enter private premises when necessary to do duties.
2. Close Roads
3. Remove vehicles
4. Remove people
5. Do anything else to protect life and property

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24
Q

What rules exist around Police use of Fire Service powers?

A
  1. Police can use FSP when called upon by person in charge
  2. Police have no right to use powers just because they are present
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25
Q

What is the purpose of the MOU between Police and FS?

A
  1. Ensure investigations are efficiently co-ordinated, expertly and independently conducted
  2. Relevant evidence is protected and collected for criminal prosecution or coronial inquiries
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26
Q

When will FS notify police?

A
  1. Suspicious fire
  2. Fire causing death or serious injury
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27
Q

What is the role of Fire Investigstion Liaison Officer? (FILO)

A

FILO
Death Cop Queries, Trainings, and Advice

  1. Attend every fire that results in serious injury or DEATH.
  2. CO-ordinate fire Investigations in area.
  3. Arrange Police attendance where required
  4. Assist with related QUERIES
  5. Co-ordinate fire investigation TRAINING for Police
  6. Provide ADVICE and expertise as required
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28
Q

When will Specialist Fire Invesitgators attend and investigate?

A

FISSSR
1. Fatal fires
2. Injuries - fire related, serious/life threatening
3. Suspicious fires or undetermined
4. Safety features failed
5. Spread across properties
6. Requested by Police or other agencies

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29
Q

What is the role of a Fire Service Investigation Liaison Officer? (FSILO)

A
  1. Arrange Specialist Fire Investigator
  2. Working relationship with FILO
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30
Q

What do SFI and FILO discuss?

A

SEE
Scene handover and access. Examination. Evidence.

  1. Handover of scene
  2. Access to scene
  3. Process for examination and investigation
  4. Identification and collection of evidence
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31
Q

What are Police responsibilities at a fire scene exam and investigation?

A
  1. Conduct criminal investigation or coronial enquiry.
  2. Collection, protection, recording of forensic evidence.
  3. Collect and remove material from fire crime scene
  4. Preserve, analyse, dispose of any such material.
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32
Q

What are common methods of setting fires?

A
  1. Candles
  2. Chemical igniters
  3. Electrical apparatus
  4. Matches and cigarettes
  5. Molotov cocktails
  6. Timing devices
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33
Q

What are acts of carelessness that might result in a fire?

A
  1. Kids playing with matches and lighters
  2. Ironing
  3. Fireworks
  4. Smoking
  5. Leaving stove or heater on
  6. Leaving fat unattended while cooking
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34
Q

What are the evidences of wilful causes of Fire?

A

EAIR
Explosives
Accelerants
Interference
Removal of valuable property

  1. Explosives
  2. Accelerants
  3. Intentional interference
  4. Intentional removal of valuable property
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35
Q

In determining the seat of the fire, the SFI (specialist Fire Investigator) will consider:

A
  1. Wind direction and speed, weather
  2. Witness reports
  3. The colour of the flames and smoke
  4. The direction of spread
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36
Q

What to ask incident controller at the scene?

A
  1. When was the call made?
  2. What appliance attended?
  3. What state was the fire in?
  4. Was it suspicious and why?
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37
Q

What do conferences assist with and who attends?

A

Conferences assist with:
1. ID of suspects
2. Scene reconstruction
3. Assess information obtained
4. Further inquiries
5. Possible motives

Who attends?
1. O/C CIB
2. O/C Investigation
3. Police photographer
4. Fingerprints/SOCO

38
Q

Powere of authorized person in relation to land,building or structure - Section 42(1) FENZ Act 2017

A
  1. Enter any land, building or structure.
  2. Break into any holding or structure that may be on fire or otherwise endangered.
  3. Take or send any equipment or machine required into, through or upon any land, building or structure.
  4. Remove from any land, building or structure that is on fire or otherwise endangered any flammable, combustible, explosive or dangerous material.
  5. 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.
39
Q

How to link a suspect to an arson?

A
  1. Burnt facial skin
  2. Products of combustion on skin
  3. Smell of smoke
  4. Residue of fuel
40
Q

Suspect enquiries step 5 is establish the suspects…

A
  1. Motive
  2. Mens rea
  3. Opportunity
  4. Connection with the scene and crime
  5. Character, mental background, history, movements and behavior
41
Q

Protective clothing that should be worn at a scene

A
  1. Helmet
  2. Nose and mouth filter
  3. Overalls
  4. Gloves
  5. Safety footwear
42
Q

Who should you interview initially at the scene?

A
  1. The person who found the fire/raised the alarm/informed police
  2. Fire fighters
  3. Occupants and their visitors
  4. Employees
  5. Owners
  6. Neighbour’s
  7. Spectators
  8. Passers by
  9. Local police
  10. Patrols
  11. Reporters/photographers
43
Q

Guarding and controlling a fire scene

A
  1. Watch for possible suspects
  2. Avoid interference with the scene
  3. Prevent looting
  4. Prevent further fire damage
  5. Preserve evidence
44
Q

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

A
  1. Photograph in situ, label the exhibits and preserve in containers
  2. Use approved arson kits
  3. Take control samples such as charred timber, ashes, debris from seat of fire, any accelerant.
45
Q

The point of origin is the exact location in which

A
  1. A component failed
  2. An accidental fire originated
  3. A fire was maliciously lit
46
Q

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

A

SAP
1. Seat of fire
2. Area of origin
3. Point of origin

47
Q

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

A
  1. Photos
  2. Videos
  3. Sketch
  4. Plan
48
Q

Preliminary internal examination

A
  1. Missing family photos, personal items
  2. Open filing cabinets or missing files
  3. Building area in need of repair
  4. Signs of hardship
49
Q

Detailed internal examination completed by SFI accompanied by Police

A
  1. Damage to roofing timber
  2. Damages to wall studs
  3. Damage to window skirts
  4. Damage to skirting boards
50
Q

What does an external examination take into account?

A
  1. Yards and outbuilding of the fire affected property
  2. Adjoining premises which often reveal accelerant, attempts, forced entry, broken window, forced doors
  3. What distance debris was scattered
  4. Nearby alleyways, streets, driveways
51
Q

What can an external examination reveal?

A
  1. Business appears to be struggling
  2. Content of building missing
  3. Accelerant containers
  4. Property rundown
52
Q

External examination - what can the damaged structure reveal?

A
  1. Jimmy marks or other signs of forced entry
  2. Burn latter’s above doors or windows
  3. Window glass broken before fire ignited
53
Q

What do you ask in a preliminary interview with the owner?

A
  1. When the premises was last secured
  2. Whether they know the cause of the fire
  3. Details of any suspects and insurance
  4. Type of business
  5. Actions leading up to the fire
54
Q

Characteristics caused by explosive

A
  1. Spread of debris
  2. Shedding of materials
  3. Shrapnel marks
  4. Overlays of dust
  5. Catering
55
Q

Initial action - fire involving explosives

A
  1. Do not handle or interfere with anything unfamiliar, Could be a second device
  2. Don’t use cellphone, portable radios, or transmitting device
  3. Evacuate scene for at least 100m, ensure people leave belongings with them
  4. Consider using explosive detector dog
  5. If IED is located, immediately obtain assistance of an IED operator from the department of labour
  6. Give regular sit rep to comms
56
Q

Signs of intentional fires made to look like electrica faults

A
  1. Clothing on heaters
  2. Toaster with nearby curtains
  3. Leaving pot on stove element
  4. Tampering of electric urns, bread makers, water heaters, deep fryers, and rice cookers
57
Q

Suspect enquiries procedure - step 1 - you may identify the suspects by means of:

A
  1. Media response
  2. Fingerprints
  3. Information from informants and witnesses
  4. Intelligence officer of FILO
58
Q

Suspect enquiries step 2 - possible suspects may include

A
  1. The owner/occupier for insurance fraud
  2. An aggrieved person suffering from jealousy, hatred, rage, or revenge
  3. A pyromaniac
  4. A business competitor to disadvantage a rival
59
Q

Suspect enquiries step 6 - consider search warrant for suspect

A

Search suspects Clothing, residence, vehcile and workplace for:
1. Accelerants
2. Containers
3. Ignites
4. Traces of debris

60
Q

Other powers of authorized person - section 44(1) FENZ act 2017

A
  1. Shut off water or any main pipe to increase pressure and supply of water
  2. Shut off gas, fuel, oil, electricity supply
  3. Close roads and railroads in vicinity
  4. Remove vehicles impeding
  5. Remove persons interfering
  6. Do anything necessary to protect life and property
61
Q

What is a Fire Investigation Liaison Officer?

A

A FILO is a member of the Police

62
Q

What is a specialist fire investigator?

A

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

63
Q

After the fire has been extinguished Police must?

A

Conduct a criminal investigation or coronial inquiry and undertake responsibility for protection, collection, and recording of forensics evidence.

64
Q

You can set fire to your own property unless?

A
  1. Intend to cause loss to someone else as a result of the fire
  2. Intend to obtain any benefit
  3. Know or ought to know that the fire will endanger life
  4. Know that the fire is likely to destroy or damage someone else’s property
65
Q

What is the subjective test for Recklessness?

A
  1. What was the defendant thinking?
  2. Did the defendant know that human life was likely to be endangered by his actions?
66
Q

What is the objective test for Recklessness?

A
  1. What would a reasonable person gave thought in the same circumstances?
  2. Would a reasonable person have recognised the risk?
67
Q

What is the difference between 267(1) and 267(2)?

A

Property. Subsection 2 covers property of less value

68
Q

Proving an attempt

A

To be guilty of an attempted the defendant must have progressed past the stage preparation and commenced a process intended to lead to the commission of the full offence

69
Q

What are the 4 beliefs of claim of right?

A
  1. Belief must be held at the time of the conduct or act
    2 Belief must be about proprietary or possessory right in property
  2. Belief must be about the property in question
  3. Belief must actually be held by the defendant
70
Q

What is an explosive?

A

Any substance or mixture or combination of substances that are capable of decomposition at a rapid rate resulting in an explosion or pyrotechnic effect. Includes gunpowder, gelignite, detonator. Does not include firearms or fireworks.

71
Q

What is fire?

A

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

72
Q

What is property?

A

Real and personal property, estate or interest

73
Q

What is knowing?

A

Means knowing or correctly believing. The belief must be a correct one. Where the belief is wrong a person cannot know it.

74
Q

What is life?

A

Human life and must be the life of someone else other than the defendant

75
Q

What is claim of right?

A

Belief at the time in a proprietary or possesory right to property in relation to which the offence is allegedly been committed

76
Q

What is damages by fire?

A

Fire damages often involves burning or charring, however it is not necessary that the property is set alight.

77
Q

What is immovable property?

A

Currently fixed in place but can be moved. Refers to higher value. Includes buildings, land, things that grow on land like forests

78
Q

Intent

A

Intent to commit the act. Intent to obtain a specific result

79
Q

Investigate suspects thoroughly and according to priority. Obtain their

A
  1. Full particulars
  2. Criminal histories
  3. Any vehicles linked
  4. Any associates linked
  5. Photographs
80
Q

Differences by gas explosions and an explosion and an explosion set

A
  1. Explosions by gas cover wide area
  2. Implosions of cabinet
  3. Medical evidence - suspect or victims have inhaled gas
81
Q

Fire scenes are unstable environments. Injuries are causes by hazards

A
  1. Inhalation of toxic substances
  2. Injection of sharp objects
  3. Items falling from above you
  4. Tripping on fire debris
82
Q

Four main building materials and their weaknesses

A
  1. Timber - burning and charring
  2. Steel - expand, lose its strength
  3. Concrete - spalling
  4. Masonry - deterioration of the mortar
83
Q

Initial action of fires not involving explosives

A
  1. Briefly interview informant
  2. Secure and control scene
  3. Initial interview of SFI & O/C Fire who attended
  4. Interview with incident controller at scene
  5. Ensure scene safe before conference with SFI and Police
  6. Conduct preliminary examination
  7. Regroup and hold briefing conference
  8. Confer with other staff and determine plan of action
  9. Contact comms with sitrep
84
Q

Enquiries - In an Area canvas of neighborhood, what would you interview witnesses and obtain statements about?

A
  1. The fire
  2. Conduct of people at the fire
  3. People loitering at the scene before the fire
  4. Any vehicle seen in the vicinity before the fire
85
Q

For fires involving explosions, what can you do to link suspects to the scene?

A
  1. Fingerprints and Handwriting samples
  2. IED operator may identify signature of offender, similar devices or modus operandi
  3. Items from suspects home that could be used to manufacture a device or link then to the scene
  4. Seek advice from explosive expert before searching
86
Q

8 stages of systematic examination of scene and fire

A
  1. Prepare and organize staff and equipment, clear areas and set clear area responsibilities
  2. Prepare examination and arrange for site to be examined systematically
  3. Examine the exterior of the fire site
  4. Conduct detailed internal examination
  5. Identify cause of fire
  6. Interview witnesses at scene
  7. Photograph and label and preserve evidence
  8. Conduct area enquiries
  9. Establish a clear area for material removed during the search and avoid any cross-contamination potential.
  10. Set clear areas of responsibility - co-ordinated approach
  11. External examination.
  12. Detailed internal examination
  13. Identify cause of the fire
  14. Label and preserve exhibits
  15. Area enquiries
87
Q

Fire scene contamination

A
  1. Scope - how much area needs to be preserved.
  2. Cordon - tape off outside, what is considered item of evidence that is furtherest away. Make cordons as wide as practical.
  3. Commona approach path - path for all traffic to use to minimize introduction of evidence and reduce possibitly of evidence being damaged
88
Q

Process to examine scene involving explosive

A
  1. Once scene is cleared, safely conduct scene exam. Use video and photographs
  2. Remember to continually reconstruct
  3. Request ESR analyst. Ask to bring suitable swabbing material for hands and clothes of any suspects
  4. Create a path to the centre of the explosion laying clean unused roll of plastic or by using approved stepping plates
  5. Have EST analyst swab the area immediately (work outwards)
  6. Vertical sheets of iron adjacent to the blast
89
Q

Investigation steps

A
  1. Information gathering
  2. Scene examination
  3. Debris examination
  4. Product examination
  5. Analysis and testing
  6. Opinion formulation
  7. Reporting data and opinions
90
Q

Faults examples

A
  1. Appliances
  2. Broken powerlines
  3. Gas pipes and fittings
  4. Fans and ventilation systems
91
Q

What to consider when using an arson kit

A
  1. Samples have not/cannot be cross contaminated
  2. All containers labeled and sealed
  3. Liquid samples are secure and isolated from other exhibits
  4. Arson kit forwards as a unit even if one container is used
  5. Package correctly addressed

Arson (1 decks)

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