ARSON Flashcards
Arson - Danger To Life
Section 267(1)(a) Crimes Act 1961
- intentionally or recklessly
- damages by fire or damages by means of any explosive
- any property
- if he or she knows or ought to know that danger to life is likely to ensue
Arson - Vehicle/Immovable Property No Interest
Section 267(1)(b) Crimes Act 1961
- intentionally or recklessly
- without claim of right
- damages by fire or damages by means of any explosive
- any immovable property or vehicle or ship or aircraft
- in which that person has no interest
Arson - Cause Loss/Obtain Benefit
Section 267(1)(c) Crimes Act 1961
- intentionally
- damages by fire or damages by means of any explosive
- any immovable property or vehicle or ship or aircraft
- with intent to obtain any benefit or cause loss to any other person
Attempted Arson
Section 268 Crimes Act 1961
- everyone who
- attempts to commit arson
- in respect of any immovable property or any vehicle, ship or aircraft
Intentional Damage - Danger To Life
Section 269(1) Crimes Act 1961
- everyone who
- intentionally or recklessly
- destroys or damages any property
- if he or she knows or ought to know that danger to life is likely to result
Intentional Damage - No Interest
Section 269(2)(a) Crimes Act 1961
- intentionally or recklessly
- without claim of right
- destroys or damages any property
- in which that person has no interest
Intentional Damage - Obtain Benefit/Cause Loss
Section 269(2)(b) Crimes Act 1961
- intentionally or recklessly
- without claim of right
- destroys or damages any property
- with intent to obtain any benefit or cause loss to any other person
Intentional Damage - Other Property
Section 269(3) Crimes Act 1961
- intentionally
- destroys or damages any property
- with reckless disregard for the safety of any other property
Cameron v R (Recklessness)
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
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
R v Morley (Loss)
Loss is assessed by the extent to which the complainants position prior to the (offence) has been diminished or impaired
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative
R v Wilson
Tenancy of a property constitutes an interest in it
R v Collister
Intent can be derived from actions/words, the nature of the act itself and surrounding circumstances.
R v Harpur (Attempts)
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime
Define Recklessness
Consciously and deliberately taking an unjustifiable risk (Cameron v R, R v Tipple)
R v Tipple
A deliberate decision to run the risk.
Define damage by fire/explosive:
Will often involve burning or charring, not necessary property is actually set alight, melting, blistering of paint or significant smoke damage may be sufficient. (R v Archer)
Define fire
Is the result of the process of combustion, a chemical reaction between fuel, oxygen and triggered by heat.
Define explosive
Means any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
Define property
Any 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.
Define claim of right
At the time of the act, a belief in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
Define immovable property
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it move. Ie, buildings, land, things growing on land.
Define vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved. Includes a hovercraft, skateboard, in-line and roller skates.
Define ship
Every description of a vessel used in navigation, however propelled and included any barge, lighter, dinghy, raft or like vessel.
Define aircraft
Any machine that can support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Define benefit
In this case benefit includes any benefit, pecuniary advantage, privilege, service or valuable consideration.
Define attempts
S72 Crimes Act 1961
Having intent to commit an offence, does or omits and act for the purpose of accomplishing his object.
To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced and process intended to lead to the commission of the full offence.
S 272 Providing Explosives To Commit Offence
- knowingly has in his/her possession or makes
- any explosive substance or any dangerous engine or instrument or thing
- with intent to use or enable another person to use the above
- to commit an offence
R v Hallam
On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also knew it to be an explosive substance.
What are 3 non-intentional causes of fire? (And examples)
Carelessness - fireworks, burning rubbish, leaving stove or heater on, smoking
Faults - appliances, gas pipes and fittings, broken power lines, television on standby
Nature - chemical reactions, sun rays; lightening, static electricity
What are the powers conferred by s28 of the FSA1975?
- enter a private property when it is on fire or endangered, or when entry is necessary to performing a necessary duty
- close roads
- remove vehicles impeding fire service, breaking into vehicle for the purpose
- remove people who are in danger or interfering with operations
- anything else reasonably necessary for the protection of life and property
When will fire notify Police?
- if the fire causes serious injury or death
- if the fire is suspicious
Fire specialist fire investogators will liaise with the Police FILO on 4 matters, what are they?
- handover of scene
- access to fire scene
- process for examination and investigation
- identification and collection of evidence at fire scene
What are Police responsibilities at a fire scene and examination?
- conduct criminal investigation or coronial Enquiry
- undertake responsibility for the protection, collection and recording of forensic evidence
What should police consider when guarding and controlling a fire scene?
- ensure scene is not interfered with
- exclusion and control of onlookers, property owners and interested parties
- preserving evidence
- preserving looting
- aware of reigniting
- watching for possible suspects
- identify witnesses
- report all matters of sognificance to OC investigation or scene coordinator
List steps for initial action:
- briefly interview informant
- secure and control scene
- initial interview of SFI and OC of first fire appliance to attend
- interview incident controller
- ensure safety of scene and conduct preliminary exam of scene
- if deemed suspicious regroup and hold conference
- confer and determine plan of action
- contact comms and give sit rep
Three people you should interview on initial action at scene?
- informant
- SFI or OC of first fire applicable
- incident controller
What questions do you ask Fire Incident Controller?
- time and date of caller and manner it was received
- what appliances attended
- state of fire when fire services arrived
- information about buildings security
- alterations made to scene
- is fire suspicious and why
- opinions on informant
- details of suspicious people or vehicles
Where should you start with preliminary exam?
Least damaged to most damaged/seat of the fire
Indicators to take note of during preliminary exam?
- low stock levels
- building areas in need of repair
- signs of hardship
- lack of clothing in wardrobe
- missing family photos, furniture, personal items
- open filing cabinets/missing files
- forced entry into till
- unusual odours
- burn patterns
- accelerants
- owner occupier attitude
What is the purpose of a conference?
To form the basis of the scene examination and risk assessment planning. Vital to a successful scene examination and ultimately investigation.
What do conferences assist with?
- assessing information obtained
- reconstructing
- establishing possible motives
- identifying suspects
- planning further enquiries
What should be done during/after a conference?
- record all decisions and reasons
- detailed plan of action
- risk assessment
What will a Specialist Fire Investigator be able to determine at the conclusion of an investigation?
- area of origin
- point of origin
- seat of the fire
What are some indication of a deliberately lit fire?
- evidence of accelerant
- evidence of intentional interference
- evidence of intentional removal of property
- signs that furniture was rearranged to create fire base
- foreign material and objects
- signs a crime has been committed
- unusual burn patterns or unusual time factors
- inconsistencies
Common methods of setting fires:
- candles
- chemical lighters
- electrical apparatus
- electric matches
- matches and cigarette
- Molotov cocktails
- timing devices
- trailers
Characteristic of an explosion:
- cratering
- spread of debris
- shredding of materials
- overlay of dust
- shrapnel marks
- smell peculiar to the exploded material
Difference between gas explosion and setting an explosive?
Explosions caused by gas cover a wider area and do not leave a crater. Gas also leaves medical evidence showing suspect/victim inhaled gas prior to explosions.
To be guilty of an attempted arson what must be proved?
The person intended to commit the offence and that the person took a real and substantial step towards achieving that aim
What enquires should be made with insurance companies?
- services of an assessor to value building and damage
- particular of insurance on building and contents
- copies of policies
- information on prior claims
- details of recent increase in cover or over insurance
What questions should you ask the owner in a preliminary interview?
- when premise was secured
- whether they know the cause of the fire
- any suspects or insurance
- type of business
- actions leading up to fire
Simester and Brookbanks (Knowledge)
Knowing means knowing or correctly believing. The defendant may believe something wrongly but they cannot know something that is false.
