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.
Who must you liase with at the fire scene?
The fire service incident controller.
When must the fire service report a fire to the Police?
- Deliberately lit fires
- Suspicious fires
- Serious/Life threatening injury or fatality
What 3 things will you do at the initial action of an explosive?
- Do not handle or interfere wit anything unfamiliar there could be a secondary device.
- Do not use cellphones, portable radios or the like.
- Evacuate the scene to a distance of at least 100m. Ensure people leaving take their personal belongings with them, consider using an explosive detector dog.
What are the three reasons a fire will start at the point of origin?
1) A component failed
2) A fire was maliciously lit
3) An accidental fire originated
List 5 points to consider in determining the seat of the fire
- Witness Reports
- When they first noticed the fire & where they were
- The state of the fire
- Wind direction and speed - the weather
- The direction of spread
- The colour of the flames and smoke
- The severity of the damage
- The depth of the charring
- The presence of starting devices
- The reports and opinions of other specialists
With respect to exhibits what control samples do you take?
- Charred timber and ashes or debris from the sear of the fire for examination and comparison with samples from other points
- Any accelerants found near the scene
- Soil from the surrounding area
When conducting a prelim internal examination, where should you start?
A slow walk through the premises from least to most damaged.
What must you do when a fire has been started by explosive?
Clear the scene in case a secondary device is present.
What enquiries do you make with the insurance company?
Obtain:
- Services of an assessor to value the property and the damage
- Particulars of the insurance on the premises and their contents
- Copies of the proposals
- Information on former claims
- Details of any recent increase in the cover or over-insurance.
List 4 points of Section 28 of the Fire Safety Act 1975?
REDCAR
Remove vehicles impeding the Fire service
Enter private property when it is on fire or endangered or ————————————-when essential to perform a duty
Do anything else that is reasonably necessary for po L&P
Close roads
A—
Remove people who are in danger or interfering with ———————– operations, using reasonable force if necessary
At the conclusion of the examination the fire safety officer will be able to determine what?
- Seat of fire
- Area of origin
- Point of origin
Explain 4 responsibilities of a scene guard
- Avoid interferring with the scene
- Exclude and control on-lookers, property owners adn other intrusted parties
- Preserve evidence
- Prevent further fire or damage
- Be vigilant and watch for suspects
- Locate witnesses among onlookers and passers by
- Report all matters of significance and tell the O/C or scene coordinator
What does the external examination take into acount.?
DAYPA..
Distance - what distance debris was scattered, particularly if drums or cylinders hav exploded
Alleyways - nearby alleyways , streets, driveways
Yards - the yards and outbuildings of the fire effected property
Periphery - the periphery of the structure itself
Adjoining - adjoining premises which often reveal:
- broken windows
- Accelerant containers
- forced doors
- attempts of forced entry
What might the surrounding area of the involved premises reveal?
CAPS..
Contents of outbuildings missing
Accelerant containers
Property rundown
Struggling business (appears to be)
What might the damaged strucutre itself reveal?
BMP..
Broken - window glass broken before the fire was lit
Marks - jemmy marks or other signs of forced entry on windows or doors
Patterns - burn patterns above doors & windows or doors & “V” shaped burn patterns on external cladding.
What questions do you ask the fire incident controller?
AT A SAD SOS
Appliances - what appliances attended?
Time and date - of the call and the manner in which it was received
Action - what action the fire service has taken, particularly in entering the building and ventilating it after the fire
State - the state of the fire when the fire service arrived
Alterations - what alterations they have made to the scene, eg. They may have had to force doors and windows
Details of people or vehicles acting suspiciously in the area
Security - what information the firae service has about the buildings security
Opinions - their opinions of the informant
Suspicious - whether they think the fire is suspicious and why.
What things suggest that a fire has been started wilfully?
Evidence of explosive and accelerants such as ‘CUMRUST’:
Containers Uneven burning Multiple seats of fire Rapid spread or intensity unusual Under - burning under or behind boards. where liquid has run through cracks Smell Traces of debris
Evidence of intentional interference such as ‘MAT’:
Misdirecting fire fighters
Access hindering
Tampering with the alarm or sprinkler system
What must be proven re attempted arson?
Must intend to commit offence and take real and substantial steps towards achieving that aim
What does attempted arson apply to?
Damage to aircraft, vehicle, immovable property and ships
What level of standard are tools used to investigate an arson?
Must be cleaned prior to reusing or use brand new
Is a house moved from its foundations immovable?
Yes
When can police exercise powers under the fire service act 1975?
If called upon by a member of the fire service - insufficient just to be present
What are priorities post explosion?
Identifying exposive used, get an expert in early
If a guy steals a car and burns it, what section/sub section is he liable under?
Crimes act 61, 267(1)
In a few words, what is claim of right? M/C..
Proprietary or possessory right in property
What doesnt explosives include?
Fireworks
What constitutes damage by fire?
Burning and Charring
When conducting prelim internal examination where should you start?
From the least damaged into the most damaged/seat of the fire
What must you do do when a fire has been started by explosive?
Clear the scene incase a secondary device is present
Who must you liase with at the fire scene?
Fire service incident controller
When can a person be criminally liable for recklessness?
They know ought to know life or property is in danger or damaged
