Arson 2 Flashcards
What do you do after an Arson conference?
Advise the Fire Investigation Coordinator Appoint: SECS Scribe Exhibits Officer Crime Scene Coordinator Scene Examiner
What do you look for in damage caused by explosives?
- Cratering
- Spread of Debris
- Shredding of Materials
- A smell particular to exploding materials eg. the smell of almonds is often associated with explosive or ex… material
- An overlay of dust
- Shrapnel marks
What do you discuss at an Arson conference?
“I RAPE”
- Identifying suspects
- Reconstructing
- Assess information obtained
- Planning further enquiries
- Establishing possible motives
What is the purpose of a conference?
To form the basis of your scene examination and risk assessment planning. It is vital to a successful scene exam and investigation.
What questions do you ask the owner of the property?
- When the premises was last secured and by whom
- Whether he or she knows the cause of the fire
- The details of any suspects and any insurance
- The type of business
- Actions leading up to the fire
What must be proved in attempted Arson
You must prove the identity of the suspects and that they:
-Attempted to commit arson
-In respect to any immovable property or any vehicle or ship or aircraft.
They Must :-
Intend to commit the offence and take a real and substantial step towards achieving their aim.
When do you assume control from the fire service incident controller?
Once a fire is extinguished and any threat to life or property no longer exists the fire service must hand the scene of the fire over to the appropriate person or agency
A person can be held criminally liable for recklessness if?
Knowing that there is a risk that an event may result from his conduct or the circumstance may exist, he takes that risk.
Describe the clean path method
By using a clean unused roll of plastic or stepping plates experts ad ESR can access the seat of the fire to swab the area (working outwards) prior to being fully examined.
The same method is used to remove body parts before they decompose or are contaminated by insects or animals
What are the ingredients of Arson S 267(1)(c)? (Liability)
Obtain Benefit S217 CA61
Benefit S267(4) CA61
Cause Loss
R v MORLEY
What are the ingredients of Arson S267(1)(a)?
- Intentionally or Recklessley
- Damages by fire or Damages by means of any explosive
- Any property
- Knowing or ought to know that danger to life is likely to ensue
What Criminal Liability exists when someone is a tenant in a house, cooks food and burns the house down?
No liability - R v WILSON provides a defense as the tenant has no interest. Even if the fire was caused by recklessness they cant be convicted of Arson.
A guy steals a car and burns it - what is his liability?
267(1)(b) - Intentionally and without claim of right, damages by fire, a vehicle in which that person has no interest.
What must by proved in providing explosives to commit an offence under S272 Crimes Act 1961? and the supporting case law?
Knowingly have in their possession or made any explosive substance with intent to use or enable another person to use the substance to commit a crime.
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 that he knew it to be an explosive substance.
Who do you interview from the fire service during initial action at the scene?
- Fire Safety Officer
- O/C of the first appliance that arrived
- The incident controller
What is the difference in a gas explosion and someone setting explosives?
Gas explosions cover a wider area and do not leave a crater.
What are the ingredients for Section 267(1)(b)
- Intentionally or Recklessley
- Without Claim of Right
- Damages by fire or by means of explosive
- Any immovable property, vehicle or aircraft or ship
- In which that person has no interest
What constitutes damages by fire?
Burning or charring, melting, blistering of pain or significant smoke damage - need not be permanent damage.
To identify the best method of protection you must consider?
- An assessment of each of above
- A strategy to prevent an occurrence or to mitigate impact.
What must be proved in R v HALLAM?
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.