Arson Flashcards
Arson subsection (1)
Section 267(1) Crimes Act 1961 Penalty: 14 (a) Intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue
(b) 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
(c) intentionally damages by fire or
by means of any explosive any immovable property or any vehicle, ship or aircraft
with intent to obtain by benefit or
to cause loss to any other person
Recklessly
Acting recklessly involves consciously and deliberately taking an unjustifiable risk
R v Harney
Recklessness means the conscious and deliberate taking of an unjustifiable risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk
Damages by fire
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
or by means of explosive
Section 2 Arms Act 1983
(a) means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
any property
Property includes 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
if he or she knows or ought to know that danger to life is likely to ensue - knowing case law
Simester and brookbanks
Knowing means “knowing and correctly believing” the defendant may believe something worngly but cannot know something is false
Danger to life
Life in this context means human life and the danger must be to the life of someone other then the defendant
List the ingredients of arson in s267(1)(a).
The ingredients of arson in s267(1)(a) are:
− Intentionally or recklessly
− Damages by fire or by means of any explosive
− Any property
− Knowing or ought to know that
− Danger to life is likely.
Explain what ‘recklessly’ means citing the relevant case law.
‘Recklessly’ means foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of risk. In other words, a conscious appreciation of the risk but choosing to continue regardless of the consequences.
Case law R v Harney.
Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are these exceptions?
Legally you are allowed to set fire to your own property, unless you:
− intend to cause loss to someone else as a result of the fire
− know or ought to know that the fire will endanger life
− know that the fire is likely to destroy or damage someone else’s property as a consequence.
There Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters. What are these matters?
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters.
− handover of the fire scene
− access to the fire scene
− process for examination and investigation
− identification and collection of evidence at the fire scene
In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.
In determining the seat of the fire the specialist fire investigator will consider:: − witnesses’ reports − when they first noticed the fire and where they were at the time − the state of the fire at that time − wind direction and speed, weather − the direction of spread − the colour of the flames and smoke − severity of the damage − depth of charring − the presence of starting devices − reports and opinions from other specialists. (Police Manual Page 35)
List five examples where carelessness may cause a fire.
Five examples of carelessness that might result in a fire could include: − misusing electricity − children playing with matches, cigarette lighters and so on − burning off paint − vagrants lighting fires − welding and other industrial processes − leaving clothes near heating − wrapping up live ashes in paper − ironing − setting off fireworks − using or storing flammable materials − burning rubbish − using domestic or camp fires − leaving a stove or heater on − leaving fat unattended while cooking − smoking (Police Manual Page 24).
List five examples of material used to start a fire.
Materials used to start a fire include: − readily available combustible material - rubbish − Molotov cocktails − candles − chemical igniters − timing devices − electric matches − electrical apparatus − matches and cigarettes − trailers (Police Manual Page 19)
Detail the Police responsibilities at a fire scene examination and investigation.
The Police responsibilities at a fire scene examination and investigation are:
The Police must:
− conduct the criminal investigation or coronial enquiry
− undertake responsibility for the protection, collection and recording of forensic evidence
− the collection and removal of material from a fire crime scene will only be done by Police or other agencies with the authority to remove evidence
− the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency.
(Police Manual Page 12)
Describe the powers conferred by s28 of the Fire Service Act 1975 on the person in charge of the Fire Service at the fire site
The powers conferred by s28 of the Fire Service Act 1975 on the person in charge of the Fire Service at the fire site are:
− enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
− close roads
− remove vehicles impeding the Fire Service. If necessary they can break into vehicles for that purpose
− remove people who are in danger or interfering with operations, using reasonable force if necessary
− do anything else that is reasonable necessary for the protection of life and property.
− (Police Manual Page 9)
