Arson Flashcards

1
Q

What do you ask the Fire Incident Controller?

A
  • The state of the fire when the fire service arrived
  • What appliances attended
  • Time, date of the call to fire comms and the manner it was received
  • Alterations they have made to the scene i.e forced open doors or windows
  • What information they have about the buildings security
  • Whether they think the fire is suspicious and why
  • Their opinions of the informant
  • Details of people or vehicles acting suspicious in the area
  • What actions they have taken in entering the building and ventilating it.
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2
Q

Evidence of wilful causes of fire?

A
  • Multiple seats of fire
  • Signs that windows or skylights were opened to create draft
  • Intentional removal of valuable property
  • Evidence of intentional interference i.e tampering with alarms/sprinklers
  • Evidence of explosives
  • Misdirecting fire fighters
  • Evidence of accelerants
  • Smell
  • Traces in debris
  • Signs that heater or other electrical appliances have been left on
  • Unusual rapid spread or intensity of fire
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3
Q

What are the powers under Section 28 Fire Service Act 1975?

A
  • Enter private property when it is on fire or endangered or when entry is essential to perform a necessary duty (4)(b)
  • Close roads (4)(h)
  • Remove vehicles impeding fire service and if necessary they can break into vehicles for that purpose (4)(i)
  • Remove people who are a danger or interfering with operations, using reasonable force if necessary (4)(j)
  • Do anything else that is necessary for the protection of life and property (4)(n)p
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4
Q

Why are conferences held?

A

Held to assist with:

  • Identifying suspects
  • Reconstructing events
  • Establishing possible motives
  • Assessing the info obtained
  • Planning further enquiries
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5
Q

What is done after a conference?

A
  • Appoint an exhibits officer
  • Appoint a crime scene coordinator (if required)
  • Advise the fire investigator
  • Appoint a scribe
  • Appoint a scene examiner
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6
Q

Guarding and controlling the scene?

A
  • Ensure the scene is not interfered with
  • Exclusion and control of onlookers, property owners and other interested parties
  • Preserving evidence
  • Be aware of re-ignition from hotspots after the fire is extinguished
  • Be vigilant and watch for possible suspects
  • Identify any witnesses among onlookers and passers-by
  • Report all matters of significance to the O/C investigation and/or scene co-ordinator
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7
Q

R v MOHAN

A

Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

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8
Q

R v ARCHER

A

Property may be damaged if it suffers permanent of temporary physical harm, or permanent of temporary impairment to its use or value.

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9
Q

What is the difference between a gas explosion and an explosion that is set?

A
  • Explosions caused by gas generally cover a wider area than those caused by explosives
  • Explosives cause cratering
  • Medical evidence, One or more of the suspects or victims may have inhaled gas prior to the explosion
  • Other telltale signs like the implosion of cabinets, which will be obvious to experts
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10
Q

What will the external examination take into account?

A
- Adjoining premises which often reveal:
  \+Accelerant containers
  \+Attempts at forced entry
  \+Broken windows
  \+Forced doors
-Nearby alleyways/streets/driveways
-Yards and outbuildings of effected property
- The periphery of the structure itself
-What distance debris was scattered
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11
Q

What will the surrounding area of the involved premises reveal?

A
  • Accelerant containers
  • Contents of building missing
  • Property run down
  • Business appears to be struggeling
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12
Q

What will the preliminary internal examination involve?

A

Take note of:

  • Low stock levels in commercial premises
  • Building areas in need of repair
  • Signs of hardship (empty flats etc)
  • Missing family photographs, furniture and personal items
  • Lack of clothing in wardrobes and drawers
  • Rifled premises
  • Position of clothes if not in wardrobe or drawers
  • Open filing cabinets or missing files
  • Forced entry into an empty till
  • Presence of accelerant containers or trails
  • Separate unrelated seats of fire
  • Owner/occupier attitude during walk through (if access permitted)
  • Unusual odours
  • Burn patters
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13
Q

R v HARPUR

A

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.

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14
Q

What will the specialist fire investigator be able to determine at the conclusion of their investigation?

A
  • Area of origin
  • Point of Origin
  • The seat of the fire
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15
Q

What should you consider when identifying the best method of protection?

A

Make an assessment of:

  • Inhalation of toxic substances
  • Ingestion of particles etc
  • Injection from sharp objects
  • Airborne dusts, particles etc
  • Tripping on fire debris
  • Items from above falling onto you

Come up with a strategy to prevent an occurrence or to mitigate its impact

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16
Q

What are the characteristics to look for when examining a scene caused by explosives?

A
  • Cratering
  • Spread of debris
  • Shredding of materials
  • A smell peculiar to the exploded material i.e Smell of almonds
  • An overlay of dust
  • Shrapnel marks
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17
Q

List the steps involved in the initial action at scenes not involving explosives.

A

Step 1 - Briefly interview your informant
Step 2 Secure and control the scene
Step 3 - Initial interview of the Fire Safety Officer or O/C of the first fire appliance to attend the scene
Step 5 - If fire is extinguished, ensure safety of the scene before initial conference with Fire Service and Police. Then conduct an external examination and preliminary internal examination
Step 6 - Regroup and hold a briefing conference if deemed suspicious
Step 7 - Confer with other staff and determine a plan of action
Step 8 - Contact COMMS and supply sitrep. Ask for specialists if needed i.e Photography or crime prints

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18
Q

What is noted when conducting the detailed internal examination with the Fire Safety Officer?

A
  • Smoke deposits and burn patterns
  • Soot deposits on window glass and craze patterns
  • Spalling (the cracking of chipping of concrete as a result of being heated and cooled)
  • Damage to wall studs
  • Damage to roofing timbers
  • Damage to window sills and door edges
  • Floor areas burned through
  • Skirting board damage
  • Under floor inspection
  • Removal of fire debris
  • Elimination of false low burns
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19
Q

What will you consider when determining the seat of the fire?

A
  • The state of the fire at the time
  • The direction of spread
  • The severity of the damage
  • The presence of ‘starting devices’
  • The depth of charring
  • The reports and opinions of other specialists
  • Witness reports
  • When they first noticed the fire, and where they were at the time
  • The colour of the flames and smoke
  • Wind direction and speed, and the weather at the time
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20
Q

When must the Fire Service notify Police and relevant fire investigator of a fire?

A

The Police and relevant fire investigator must be notified of a fire when:

  • The fire results in serious injury or death
  • The fire is considered suspicious
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21
Q

What is the role of a specialist fire investigator?

A

They are employed by the fire service and called to attend and investigate fires where:

  • Fatalities occur
  • Serious life threatening injury occurs
  • Structure fires where the cause is suspicious or cannot be determined
  • Significant fire spread across a property boundary
  • Fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards
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22
Q

What are the responsibilities of Police in fire investigations?

A
  • To conduct the criminal investigation or Coronial enquiry

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

23
Q

Why should the insurance company be contacted promptly?

A

To obtain the services of an assessor in order to:

  • Value the building and the damage particulars of the insurance on the premises
  • Information on former claims
  • Contents copies of their proposal
  • Over insurance
  • Recent increase in cover
24
Q

List the steps involved in handling exhibits.

A

Step 1 - Photograph and label the exhibits, and preserve them in containers
Step 2 - Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
Step 3 - Take the following control samples:
+Charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
+Any accelerants found near the scene
+Soil from the surrounding area

25
Q

R v HALLAM

A

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.

26
Q

R v WAAKA

A

A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.

27
Q

R v HARNEY

A

Recklessnes involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

28
Q

Definition of ‘Claim of Right’?

A

In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed; although that belief may be based on ignorance or mistake of factor of any matter of law other than the enactment against which the offence is alleged to have been committed.

29
Q

Definition of ‘Explosive’?

A

Section 2 Arms Act 1983
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

  • Includes gun powder, nitroglycerine, dynamite etc
  • Does not include any firework as defined in Section 2 of the Hazardous Substances and New Organisms Act 1996
30
Q

Definition of ‘Property’?

A

Section 2 Crimes Act 1961
Property includes and 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.

31
Q

List the steps taken during the initial action at a scene involving explosives.

A

Step 1 - Remember that there could be a secondary device anywhere at the scene, including at a nearby building or vehicle. Do not handle or interfere with anything unfamiliar
Step 2 - Do not use cell phones, portable radios or the like
Step 3 - Evacuate the scene to a distance pf at least 100 metres
Step 4 - If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour
Step 5 - Inform the National Bomb Data Centre at PNHQ, using the ‘Bomb/Explosive/IED’ report form
Step 6 - Give the National Bomb Data Centre regular sitreps

32
Q

What can help identify the suspect?

A
  • Fingerprints
  • Information from informants or witnesses
  • Information from fire crews on people who regularly attend fires
  • Media response
  • Police resources i.e Intel, Youth Aid
  • Enquiries at prisons, psychiatric hospitals, rehab centres and schools
  • The circumstances of the fire
33
Q

List possible suspects for an arson.

A
  • Pyromaniac suffering from a mental ilness
  • An employee to cover theft, forgery or false pretenses
  • A pupil or ex-pupil if it is a school fire
  • An aggrieved person suffering from jealousy, hatred or rage
  • A criminal in order to cover the traces of an offence or to intimidate other victims
  • The owner/occupier for insurance fraud
  • A member of the fire service, for excitement or personal recognition
  • A business competitor, to disadvantage a rival
34
Q

What suspect enquiries steps are carried out for fires not involving explosives?

A

Step 1 - ID suspects
Step 2 - Investigate the suspect thoroughly and according to priority
Step 3 - Possible suspects include:…
Step 4 - Consider surveillance
Step 5 - Complete enquiries to establish the suspects opportunity, motive, mens rea, connection with the scene and offence, character etc
Step 6 - Execute a search warrant in the presence of the suspect
Step 7 - Interview the suspect and obtain a recorded statement covering the ingredients of the offence
Step 8 - Consider photo montage
Step 9 - Advise supervisor
Step 10 - Consider arresting the suspect
Step 11 - Complete the correspondence and prosecution file
Step 12 - Complete enquiries to corroborate or negate the suspects explanation

35
Q

What question do you ask the owner of a premises?

A
  • When were the premises last secured and by who
  • Whether he or she knows the cause of the fire
  • Their actions leading up to the fire
  • Type of business
  • The details of any suspects
  • Their insurance details
36
Q

What does an external examination take into account?

A
- Adjoining premises which often reveal
    \+Accelerant containers
    \+Attempts at forced entry
    \+Broken windows
    \+Forced doors
- Nearby Alleyways/Streets/Driveways
- Yards and outbuildings of the effected property
- The periphery of the structure iteself
- Distance debris was scattered, particularly if drums or containers have exploded
- The surrounding area of the involved premises may also reveal:
    \+Accelerant containers
    \+Attempts at forced entry
    \+Broken windows
    \+Forced doors
37
Q

What protective clothing must be worn by the on scene investigator?

A
  • Suitable helmet (that complies with relevant safety standards)
  • Overalls
  • Nose and mouth filter, full face respirator or full BA (if qualified)
  • Gloves
  • Safety glasses
  • Heavy duty footwear with steel soles and toe caps
38
Q

Providing explosives ingredients

A

Section 272 Crimes Act 1961

Everyone is liable to imprisonment for a term not exceeding 2 years who knowingly has in his or her possession or makes any explosive substance, or any dangerous engine, instrument, or thing, with intent to use or enable another person to use the substance, dangerous engine, instrument or thing, to commit an offence.

39
Q

Ingredients of 267(1)(a) Crimes Act 1961

A

14 yrs imprisonment:

Intentionally or recklessly damages by fire or by means of explosive, any property if he or she knows or ought to know that danger to life is likely to ensue

40
Q

Ingredients of 267(1)(b) Crimes Act 1961

A

14 yrs imprisonment:

Intentionally or recklessly and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft in which that person has no interest.

41
Q

Ingredients of 267(1)(c) Crimes Act 1961

A

14 yrs imprisonment:

Intentionally damages by fire or by means of explosive any immovable property, or any vehicle, ship, or aircraft, with intent to obtain any benefit or to cause loss to any other person

42
Q

Ingredients of 267(2)(a) Crimes Act 1961

A

7 yrs imprisonment:

Intentionally or recklessly and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest

43
Q

Ingredients of 267(2)(b) Crimes Act 1961

A

7 yrs Imprisonment:

Intentionally or recklessly damages by fire or by means of any explosive any property with intent to obtain any benefit or with intent to cause loss to any other person.

44
Q

What three things need to be present in order for fire to occur?

A

Oxygen
Heat
Fuel

45
Q

Ingredients of 268 Crimes Act 1961

A

Attempted Arson - 10 yrs Imprisonment

Attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft

46
Q

What must the crown prove in relation to an attempt to commit arson?

A

The crown must prove that the defendant:

  • intended to commit the full act of arson and
  • and acted as they did for the purpose of achieving that aim
47
Q

What must be proved when charging someone with providing explosives to commit crime?

A

Must prove the identity of the defendants and that they knowingly:

  • Had in their possession or made any explosive substance, or any dangerous engine, or instrument or thing
  • With intent to use or enable another person to use the substance, dangerous engine, instrument or thing to commit an offence
48
Q

To identify the best method of protection at a fire scene you must?

A
  • Make an assessment of the identified hazards

- Come up with a strategy to prevent an occurrence or to mitigate its impact

49
Q

Common methods of setting fires?

A
Candles
Chemical igniters 
Electrical apparatus
Electric matches
Matches and cigarettes
Molotov cocktails
Timing devices
Trailers
50
Q

Who attends conferences?

A
O/C CIB
Crime scene co-ordination
FILO
O/C Investigation
Investigating officers
Specialist fire investigator
Police photographer
SOCO/crime prints
Other specialists required
51
Q

What may O/C scene do to ensure early collection of explosive residue?

A
  • Allow entry into scene by expert
  • Create path to centre of explosion by laying clean unused plastic or stepping plates
  • Have ESR analyst start swabbing area immediately working outwards from the seat of the explosion
  • vertical sheets of iron adjacent to the blast such as street signs and fencing are often good sources of residue
52
Q

Definition of benefit?

A

267(4) Crimes Act 1961

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

53
Q

Definition of obtain?

A

Section 217 Crimes Act 1961

Means obtain or retain for himself or herself or any other person