Arson Flashcards
Section 267(1)(a) crimes act 1961
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.
Section 267(1)(b) crimes act 1961
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.
Section 267(1)(c) crimes act 1961
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
Intent definition
Deliberate act and intent to produce a result.
R v Collister
Intent may be inferred by
The offenders actions and words before, during and after.
The surrounding circumstances
The nature of the act.
Definition recklessly
Consciously and deliberately taking an unjustifiable risk
Cameron v R
The defendant knew their actions would bring about the prescribed result. Circumstances existed, and having regard to that risk, those actions were unreasonable.
R v Tipple
A deliberate decision to run the risk
Definition- without claim of right
A belief at the time of the act in a proprietary or possession right to the property
Definition- damages by fire
Burning or charing doesn’t have to be set alight. Melting, blistering of paint or smoke damage will suffice.
R v archer - damage
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Definition Explosive
Substance or mixture capable of decomposition at a rapid rate that results in an explosion.
Includes gunpowder, dynamite, ammunition etc.
When will the fire service notify police
Death
Suspicious
Seriously injury
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?
Hand over of scene
Access to the fire scene
Process for examination action and investigation
Identification and collection of evidence at the fire scene.
What are the police responsibilities at a fire scene and examination
Conduct the criminal investigation or colonial enquire
Undertake responsibility for the protection, collection, and recording of forensic evidence.
List the steps for inital action at a suspicious fire scene.
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.
Who are the three people you should interview on initial action at fire scene.
The informant
Specialist fire investigator (if present) or O/C of the first fire appliance to attend the scene.
Incident controller at the scene
Who must you liaise with at the fire scene
Fire service incident controller.
At the conclusion of detailed internal exam, sfi can determine
Area of origin
Point of origin
The seat of the fire
Evidence of accelerates include
Containers
Traces of debris
Smell
Usually, rapid spread or intensity
Uneven burning
Burning under or behind boards where liquid has run through the cracks
Multiple seats of fire
Steps to take when dealing with exhibits
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
Steps to take with area enquires
Conduct area enquires for other arson attempts
Conduct preliminary interview of the owner
Note the owners demeanor during preliminary
Complete interviews and obtain formal statements from informant, witnesses and owners
Give your supervisor a sitrep. Be prepared to speak at the scene conference.
Conference
Conferences must be held during scene exam to assist with
Assessing info obtained
Reconstructing
Establishing possible motives
Identifying suspects
Planning further enquires.
Role of a FILO
Attend every fire, resulting in death or serious injury.
Coordinate fire investigations in their area or district
Arrange for police attendance.
Maintain relationships with SFI Nad FSILO.
Assist with fire investigation quires in district or area.
Maintain communication with appropriate agencies and workgroups.
Provide additional advice or expertise as required.
