Arson Flashcards

1
Q

Section 267(1)(a) crimes act 1961

A

Arson - danger to life

Intentionally or recklessly

Damages by fire OR damages by means of explosive

Any property

Knows OR ought to know danger to life is likely to ensue.

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2
Q

Section 267(1)(b) crimes act 1961

A

Arson - no interest

Intentionally OR recklessly

Without claim of right

Damages by fire OR damages by means of explosive.

Any immovable property OR vehicle OR ship OR aircraft in which that person has no interest.

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3
Q

Section 267(1)(c) crimes act 1961

A

Arson - benefit / loss

Intentionally

Damages by fire OR damages by means of explosive.

Any immovable property OR vehicle OR ship OR aircraft.

With intent to obtain benefit OR cause loss to any other person

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4
Q

Intent definition

A

Deliberate act and intent to produce a result.

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5
Q

R v Collister

A

Intent may be inferred by

The offenders actions and words before, during and after.

The surrounding circumstances

The nature of the act.

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6
Q

Definition recklessly

A

Consciously and deliberately taking an unjustifiable risk

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7
Q

Cameron v R

A

The defendant knew their actions would bring about the prescribed result. Circumstances existed, and having regard to that risk, those actions were unreasonable.

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8
Q

R v Tipple

A

A deliberate decision to run the risk

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9
Q

Definition- without claim of right

A

A belief at the time of the act in a proprietary or possession right to the property

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10
Q

Definition- damages by fire

A

Burning or charing doesn’t have to be set alight. Melting, blistering of paint or smoke damage will suffice.

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11
Q

R v archer - damage

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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12
Q

Definition Explosive

A

Substance or mixture capable of decomposition at a rapid rate that results in an explosion.

Includes gunpowder, dynamite, ammunition etc.

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13
Q

When will the fire service notify police

A

Death
Suspicious
Seriously injury

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14
Q

The fire service SFI (specialist fire investigator) will liaise with the police FILO (fire investigator liaison officer) in relation to 4x specific matters. What are they?

A

Hand over of scene

Access to the fire scene

Process for examination action and investigation

Identification and collection of evidence at the fire scene.

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15
Q

What are the police responsibilities at a fire scene and examination

A

Conduct the criminal investigation or colonial enquire

Undertake responsibility for the protection, collection, and recording of forensic evidence.

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16
Q

List the steps for inital action at a suspicious fire scene.

A

Briefly interview your Informat

Secure and control the scene

Initial interview of the specialist fire investigator (if present) and the O/C of the first fireappliance to attend the scene.

Interview the incident controller at the scene

If the fire is extinguished, ensure the safety of the scene before an initial conference is held with SFI, police. Conduct a preliminary examination of the scene.

If deemed suspicious, then re group and hold a briefing conference.

Confer with other staff and determine a plan of action. Brief and deploy them to.
Guard the scene
Identify and interview witnesses at the scene
Conduct local enquires.

Contact comes and supply a sit rep. Ask for assistance if necessary and the attendance of specialists such as fire investigation liaison officer (FILO) police photographer and fingerprint technician.

17
Q

Who are the three people you should interview on initial action at fire scene.

A

The informant

Specialist fire investigator (if present) or O/C of the first fire appliance to attend the scene.

Incident controller at the scene

18
Q

Who must you liaise with at the fire scene

A

Fire service incident controller.

19
Q

At the conclusion of detailed internal exam, sfi can determine

A

Area of origin
Point of origin
The seat of the fire

20
Q

Evidence of accelerates include

A

Containers
Traces of debris
Smell
U usually rapid spread or intensity
Uneven burning
Burning under or behind boards where liquid has run through the cracks
Multiple seats of fire

21
Q

Steps to take when dealing with exhibits

A

Photograph in situ, table, and preserve in containers.

Use approved arson kits if available

Take control samples from:
Charred timber and ashes/debris from the seat of the fire to compare with samples from other areas.

Any accelerates found near the scene

Soil from the surrounding area

22
Q

Steps to take with area enquires

A

Conduct area enquires for other arson attempts
Conduct preliminary interview of the owner
Not the owners demeanor during preliminary
Complete interviews and obtain formal statements from informant, witnesses and owner
Give your supervisor a sitrep. Be prepared to speak at the scene conference.

23
Q

Conference

A

Conferences must be held during scene exam to assist with
Assessing info obtained
Reconstructing
Establishing possible motives
Identifying suspects
Planning further enquires.