ARSON Flashcards
What 3 things can circumstantial evidence of an offenders intent be inferred from?
Admissions Circumstances Nature of the act itself
Define R v HARNEY in respect of recklessness
Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of action regardless of the risk
Define and explain R v ARCHER in respect of property damage
“Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value” In general terms any change in an object that impairs its value or usefulness may constitute damage.
What is the definition of fire
Fire is the process of combustion a chemical reaction between fuel and oxygen triggered by heat.
What is the definition of explosive
Any substance or mixture or combination of substances which in its normal state are capable of decomposition at such a rapid rate as to result in an explosion or producing a pyrotechnic effect.
Does not include any firearm and any firework as defined in s.2 of the hazardous substances and new organisms act 1996
In respect of “without claim of right” What are the four elements of belief in respect of Arson to Immovable property in which offender has no interest
Belief in an element of ownership or right to take or retain possession of the property. Can be another persons legal right to the property. Secondly the belief must be in relation to the property of which the offence is committed. Thirdly the belief must be held at the time of the offence. The belief must actually be held by the accused. Does not need to be reasonable but credible.
Explain Immovable property
Relates to buildings and land and things growing on land such as forrests. Property that is currently fixed in place and unable to be moved even though it may be possible to make it moveable.
When can a tennant be charged with Arson and when can’t they
267(1)(a) Intentionally or recklessly, damages by fire/explosives any property where they knew danger to life was likely to ensue. 267(1)(c) Intentionally damages by fire/explosive any Immovable property, vehicle, ship, aircraft where they have caused loss to another person. But not in 267(1)(b) Intentionally OR Recklessly and w/o claim of right Damages by fire/explosive any Immovable property, ship, aircraft to which they have no interest in (because court of appeal has ruled being a tenant means you have an interest in a property)
who can be a person re 267(1)(c) and causing loss to any person
The crown, public body, local authority or board or any society or company.
Explain recklessness is respect or proving Arson and Attempted Arson (268) (10 years)
Acting with intent or being recklessness is sufficient for Arson but recklessness is not sufficient to prove a charge of attempted arson. The crown must prove the accused intended to commit the full offence.
To be guilty of attempted arson (268) what must be proved
Intended to commit the full offence. Took a real and substantial step towards committing the full offence. The act must be sufficiently proximate to the offence but they do not need to have taken all of the necessary steps.
Legally you are allowed to set fire to your own property what are the exceptions to the rule?
Where there is an intent to cause loss to another person. In circumstances where danger to life was likely to ensue. In circumstances likely to destroy or damage another’s property.
What are the four matters the Specialist fire investigator will liase with the investigating officer for:
Handover of the fire scene Access to the fire scene The process for examination and investigation Identification and collection of evidence at the scene
What are the ingredients of Attempted Arson
268(1) 10 years Everyone is liable for imprisonment not exceeding 10 years who attempts to commit arson in respect of any Immovable property, vehicle, ship or aircraft.
What are the ingredients of Intentional damage
269 (1) 10 years Intentionally or recklessly, destroys or damages any property, if he or she knows or ought to know that danger to life was likely to result 269(2)(a) 7 years Int. or Reck. & w/o C of R Destroys/damages any property in which that person has no interest. 2692)(b) 7 years Int. or Reck. & w/o C of R Destroys/damages any property with intent to obtain a benefit/cause loss to any person. 269(3) 7 years Intentionally destroys or damages any property with reckless disregard for the safety of any other property
Ingredients of Providing explosives to commit an offence
272 2 years knowingly has in their possession OR makes any explosive substance or any dangerous engine/instrument/thing with intent to use or enable another to use the substance, dangerous engine, thin or instrument to commit an offence
In respect of s.272 (Providing explosives to commit an offence) what must be proved (R v Hallam)
that the accused knowingly had the substance in their possession AND knew it to be an explosive substance
Rv HALLA
On a charge of knowingly having possesion of an explosive substance, it must be proved that the offender knowingly had the substance in his possesion and also that he knew it to be an explosive substance.
Does the accused need to know who the recipient of the device is or what the intended offence is?
There is no need for the defendant to be aware either of the identity of the person who will ultimatly use the explosive or device, or of the precise nature of the offence to be committed.
In determining the seat of fire list some of the matters the specialist fire investigator should consider?
Witness 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, and weather
the direction of the spread
the colour of the flames and the smoke
severity of the damage
depth of charring
the presence of starting devices
reports and opinions from other specialists
List 5 examples where carelessness may cause a fire?
misusing electricity
children playing woith matches, 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 whille cooking
smoking
List the police responsibilities at a fire scene examination and investigation?
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 orother 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.
What must you prove under the offence of Attempted Arson s.288
The identitiy of the defendants and that they:
attempted to cpmmit arson, And;
the attempted arson was in respect to any Immovable property , vehicle, ship or aircraft
(you must prove intent, whereas arson may be a reckless act done with intent to burn or damage for attempted arson recklessness does not suffice)
What must you prove in respect of the offence of Interferring with a fire alarm s.88 Fire Service Act 1975?
The identitiy of the defendants and that they;
unlawfully interferred with any fire alarm, OR
Knowlingly covered up, enclosed or concealed any hydrant so as to make its posiiton difficult to ascertain. OR
Knowingly obliteratred or removed any mark, sign or letter used to indicate the position of, or to distinguish any hydrant, OR
With intent to decieve, impersonated a member of the fire servie or volunteer fire brigade or defence fire brgade or industrical fire brigade.
(as the offences are fine only there is no pwer of arrest)
What must you prove in respect of the pffence of Resisting or obstructing the commission s.88 Fire Service Act 1975?
The identitiy of the defendant and that they;
resisted, deceived or knowingly obstructed the commission or any person in the exercise or attempted exercise of any power or performance or attempted performance of any function or duty conferred or imposed by this act, OR
Unlawfully interferred with any equipment at or in the vicinity of a fire, suspected fire or other emergencey
(offences carry a term of imprisonment and hecne power of arrest)
What must be proved in respect of the offence of Doing a dangerous Act with Intent s.198(1)(b) and (c) and s.198(2) CA61
Must prove the identity of the defendnant and that they;
Sent or delivered to any person OR put in any place, any explosiveor injurius substance (198(1)(b)) or device OR Set fire to any property, (198(1)(c))
With intent to do GBH.
S.198(2) Must prove the identiy f the defendant and that they;
With intent to injure or with reckless dissregard for the safety of others, did any of the acts refferred to in section 198(1)
What must e proved in respect of the offene of Providing an explosive (or other dangerous item) to commit a crime s.272 CA61
The identity of the defendants and that they knowingly;
had in their possesion or made; any explosive substance or dangerous engine, instrument or thing, AND
With intent to use or enable another person to use the substance , dangerous engine, instrument or thing; to commit an offence.
(the terms dangerous engine, instrument or thing could mean anything their special meaning is; in the nature of devices intended to exlode or cause fire or emmission of noxious things)
the defendnant either has the thing in their possesion or makes the thing and intends the thing to be used by another to commit a crime, they need not know the identity of the other or the prcise nature of the crime to be committed
When will the fire service notify the police about a fire?
If a fire results in serious injury or death, OR
A fire is considered suspicious
What does a Fire investigation liason Officer (FILO) have responsibility for?
Attending every fire that results in serious injury or death
Co-ordinating fire investigators in the district or area.
Arranging police attendance at fire scenes if required.
Maintaining effective working relationships with FSILO and Fire service specialist fire investigators.
Assisting areas/districts with fire investigation related queries.
Ensure communication maintained with Police National Fire investigation Co-ordinator, District inteligence manager and district crime manager where appropriate.
Co-ordinate fire investigation trining for police.
Provide advice and expertise where needed.
When do Specialist fire investigators get called out?
Fatal fires.
fires where serious life threatening injuries occur (fire related)
Structure fires where the cause is suspicious or cannot be determined.
Significant fires spread accross a property boundary.
Fires in building where inbuilt safety features have failed or not performed to known/expected standards.
Structures fires or 3rd alarm equivalent (6 appliances) or greater that may have a significant regional or national concequence.
And any other fire as requested byPolice or other agency
What do FSILO’s have responsibility for?
Arranging specialist fire investigators attendance at a scene when requested by police
establish and maintain effective working relationships with relevant police FILO’s.
What is the process for fire scene control, notification and handover
1) Fire Service has authority over a scenewhile fire in progress. Once extinguised and threat to life or safety removed, scene must be handed to police or appropriate agency.
2) Fire will notify Police if it considers the fire deliberatly lit or cause suspicious, or fire results in a fatality or serious (life threatening) injury occurs.
3) Where Police attend a scene and seek authority a meeting will occur between the Police Investigating officer and the Incident controller to confirm the handover process.
4) Fire will not normally handover a scene untill the danger of fire, sructural collapse, exposure to dangeous products of combustion of other fire related hazards have been identified and eliminated or isolated or minimised.
5) In scenes involving multiple agencies all agencies will consult prior to any scene examination or investigation to devlop an investigation plan.
6) the investigation plan will outline how the investigation will proceed and the role of each agency.
In the event of a multi agency examination of an extinguished fire what will the Speciailist fire investigator liase with the Investigating officer about?
1) handover of the fire scene
2) access to the fire scene
3) the process for examination and investigation
4) the identification and collection of evidence at the fire scene.
While the Specialist fire investigation will investigate the origin and cause of the fire what is the polcie responsibility;
Conduct the criminal investigation or coronial enquiry.
Undertake responsibility for the protection, collection and recording of forensic evidence
At a fire scene what hazzards can cause injury to an investigating officer?
Inhalation of toxic substances eg car fires emit toxic and harmfull gasses.
Ingestion of particles.
Cuts and wounds form sharp objects.
Air born dust particles
Tripping on fire debris.
Falling down, over into or onto any obstruction or cavieties.
Items falling from above hitting you or objects or causing a chain reaction.
What protective clothing must be worn by the investigating officer?
A suitable helmet that complies with the relevant safety standards)
Overalls
Nose and mouth filter, a full face respirator or BA if required.
Gloves.
Safety glasses.
Heavy duty footware, steel cap soles and toe caps.
What are the common methods of setting fires?
Candles
Chemical lighters
Electrical apparatus
Electric matches
Matches and Ciggarettes
Molotiv cocktails
Timing Devices
Trailers
explain the candle method for setting a fire
A candle is left to burn into a pile of eaily combustible material such as wood shavings soaked in accelerant.
evidence may be pieces of wax or a wick
Explain method of setting fire; chemical lighters
Potassium permanganate, sugar and glycerine
Potassium permanganate and sure are mixed 50/50, placed in a contained nd surrounded by kindling. When the glycerine is interoduced the mixture react and burns igniting the kindling, the gylcerine may be tipped in manually or by trippping mechanism.
mixture leaves a greenish coca-cola-like residue, if it is cooled it may show the purple that is characteristic of the codys crystals, some traces o the containershould remain and a trip mechanism may be found.
Pottassium chlorate, sugar and sulphuric acid (fire fudge)
this mixture reacts faster then potassium permanganate sugar and glycerine almost instantaneously. therefore is likly to be used with a timing device. sometime magnesium or aluminium powder is added to increase the heat. Will produce enough heat to burn through metal. A common substitue for potassium chlorate is yates universal weed killer.
explain method of setting fire; electrical apparatus
Appliances are turned on in circumstances which will cause a fire. eg
A bar heater turned to face a wall of item of furniture.
An iron left flat on a surface.
A pop up toaster with the lever tied down so that material left inside will ignite.
A pan of fat or flammable liquid left on the stove, or a vat of fat in a fish and chip shop.
The applaince will later be found, an electrical inspector should be able to trace the wires back through the circuit toconfirm that it was on.
explain method of setting fire; electrical matches
A kind of electrical lighter designed to ignite a fast burning fuse. Similiar to an electric detonator and may be wired into an electric circuit in the same way. When fired it produces a sipt of flame sufficient to ignite a petrol saked rag.
explain method of setting fire; matches and ciggarettes
A cigarette is left to burn on an exposed book or box of matches. Combustible material such as wood or wool may be left nearby.
Remanents of the box or book of matches or the ciggarette filter may remain as evidence.
explain method of setting fire; molotov cocktails
commonly consists of a bottle filled with petrol with a petrol-soaked rag tied to it or stuffed into the neck. the rag is lit and the bottle smashed against a hard surface, igniting the petrol and causing an intense but relativly short flash fire. If the bottle doesn’t break the area of buring is more concentrated. this is more effective in starting a fire.
Cocktail may alo contain;
Polystyrene beads, rubber bands, soap flakes, soap powder sugar o flour, materials that ignite on impact eliminating the need for a wick.
these maybe evidence of a cocktail;
traces of a wick often in the broken neck of a bottle.
pieces of bottle glass either scattered or in one place.
Pieces of window glass ffrom the bottles entry.
In the case of chemical ignition traces of tape used to attach the chemicals to the side of the bottle.
Evidence of liquid flowing down walls and under floors and furniture.
Evidence of rubber bands, egg white residue, gelatine or similliar substances stuck to flooring or walls.
Explain method of setting fire; timing devices
Exampes are;
1) a bottle containing acid suspecded above dry ingredients and tipped by a length of cotton attached to the alarm winder on a clock.
2) acid placed on a balance with a tin of water at the other end, a tiny hole is punched in the tin and as the water drips away the balence tips and drops the acid into the dry ingredients below.
3) Most common is the use of oncence sticks or matches cut to length to determine the timings required.
4) Electric timers can be sued to delay the start of the fire long enough to allow an arsonist time to be well away from the scene, a recovered timer may show the time that was set.
Traces of acid burn and remanents of trigger mechanisms may indicate the use of a mixture.
Explain method of setting fire; trailers
Trailers such as rags soaked in keosene are laid from an ignition source to the site of the intended fire.
May leave traces such as burn marks in carptet or bunt vegetation.
If a fire can be shown to have non-intential causes do police need to investigate
No unless results in a fatlaity and the coroner requires and investigation into the death.
Name examples of non intentional causes of a fire; carelessness
Misusing electricity,
buring of paint,
children playing with matches/ciggarette lighters,
welding and other industrial processes,
ironing,
leaving fat unattended whille cooking,
leaving a stove or heater on,
smoking,
wrapping live ashes in paper,
leaving clothes near heating,
setting off fireworks,
burning rubbish,
using a domestic or camping fire.
Name examples of non intentional causes of a fire; Faults
Heating systems,
appliances,
TV left on standby mode,
Dust extractors,
Fan and ventilation systems,
Gas pipes and fittings,
Broken power lines,
Shorting or arching electrical wiring
Name examples of non intentional causes of a fire; Nature
Lighting,
Spontaneous combustion,
Chemical reactions,
Suns rays,
static electricity,
rodents eating through wiring or making nests out of flamable material
Outline the procedure on arrival at an arson
1) Briefly interview informant remember possibility informant is offender.
2) Secure and control the scene.
3) Conduct initial intervie of Specialist fire investigator and OC of first appliance in attendance.
4) Interview Incident Controller and ascertain
* time/date of call and manner received
* what applinces attended
* State of the fire when first appliance arrived
* What action service has taken particularly in entering scene and ventilation after fire extinguished
* What information sevice has about building security
* What alterations service has made to scene eg; forced doors or windows
* Whether they think fire suspicious and why
* Opinions on the informant
* Details of vehicles/people acting suspiciously near to scene
5) If fire extinguised ensure safety before initial conferenc with specialist fire Investigator and conduct a preliminary examination of scene
6) If deemed suspicious regroup and hold a briefing conference.
7) Confer and determine a plan of action, brief and deploy staff to; Guard and control scene, identify and interview witnesses at scene, conduct local enquiries.
8) Supply SITREP to COMMS, ask for assistance and attendance of FILO, photographer and fingerprints.
What is the purpose of inteviewing witnesses at the scene and who should be interviewed;
to gain knowledge about the sequence of events before, during and after the fire that may have a bearing on the investigation. Ask about susects or other peoples movements and people who have left the scene.
*person who found fire
* fire fighters
* occupants and vsitors
* Employees including cleaners and casuals
* Owners and neighbours
* Spectators and Passerbys
* Local Police and Patrols
* Reporters and photographers (Consider secuing media footage to identiy persons at scene)
In situations where is may be difficult to preseve the scene it should be recorded how:
Sketches
Photographs
Plans
Video recordings
Describe the approach for a sucessfule fire investigation
A logical step by step approach commencing in the undamaged area progressivly working through to the point of origin.
What does an external examination take into acconut:
1) Adjoining premises which often revela, acceleratnt containers, attempts at forced entry, broken windows or forced doors.
2) Nearby streets/driveways/alleys
3) Yards and outbuildings of the affected property
4) Periphery of the structure itself
5) Distance of scattered debris particulary if cylinders or drums exploded.
What may an examination of the surrounding area of the involved premise reveal?
Acceleratnt containers
Missing contents of outbuildings
A run down property
A struggling business
What may an examination of the damaged structure reveal?
Jemmy marks or forced entry
Window glass broken prior to ignition of fire
Burn patterns above doors or windows or V shaped patterns on ecternal cladding
How should a preliminary internal examintion occur and what indicators should be noted?
From the area of least damage to that of most take note of folloing indicators:
Low stock levels in commercial premises
Building areas in need of repairs
Signs of hardship, empty shops or flats to let
missing family photos, personal items or furniture
lack of cloting in drawers or wardrobes
location of clothing if not in wardrobes or drawers
rifled premises
opeingin filing cabnits or missing files
forced entry or a missing till
pressence of accelerat containerd or tails
Separate unrelated seats of fire
owner/occupier attitude during walk through
unusual odours
burn patterns
At an arson what are the 3 steps for evidence collection
1) Photograph in situ, label exhibits and preserve in containers.
2) Use approved Arson Kits
3) Take control samples
*Charred timber/ashes/debris from the seat of the fire for comparrisson to other sites.
*Any accelerant found at the scene.
* Soil from the surrounding area.
What can be evidence of a wilfully set fire?
1) Evidence of the use of accelerants such as:
* containers, traces of debris, smells, ususul rapid spread or intensity of fire, uneven burning, burning under or behind boards where liquid has run thorugh cracks, multiple seats of fire,
2) Evidence of intentional interferance eg; tamporing with alarms or sprinkler systems, hindering acess, miss-directing fire fighteres,
3) evidence of intentional removal of vehicles or furniture of substituting property.
4) signs furniture has been re-arranged to create a fire base.
5) signs windows or skylights left open to create a draught.
6) Signs of a crime having been committed.
7) Signs a heater, iron or other applice left on.
8) Inconsistiencies eg; rapid burning but no pobvious cause.
9) unusual burn patterns or time factors eg fire started after building secured.
What is the process for conducting area enquiries?
1) Conduct area enquiries eg; by staff interviewing employees of oter warehouses to determine if there had been attempted arsons.
2) Conduct a prelim interview of property owner to ascertain:
* when property was last secured and by whom.
* whether they know the cause
* details of any suspcets in insurance policy
* typre of business
* actions leading up to the fire
3) Note owners demeanour
4) Obtain or arrange FWS from owner/witnesses/informant
5) Provide supervisor a SITREP and be prepared to speak to this at conference
conferences must be held at the scene examination to assit with what? and who could attened?
Assesing information obtained
reconstruction
establishing possible motives
identifying suspects
planning further enquiries
OC CIB, Crime scene co-ordinator, FILO, OC investigation, investigating officers, Specialist fire investigator, Police Photographer, SOCO/fingerprint tech, other specialists as required
Who will chair a conference?
FILO, Crime scene co-ordinator, the senior Police present
What is the best practise for packaging a body?
best practise is that bubble wrap is used, to secure the body parts, and they are then packaged in clearly marked wooded boxing of some form
What are some general enquiries for (non-explosive) fires?
1) Submit articles for analysis to ESR as early as possible
2) Docloc and enter details of stolen property is NIA items
3) Obtain written reports, photos and plans from the Specialist fire Investigator who can supply; A CAD report, fire investigation report.
4) To stimulate flow in information and identification of suspects consider; media release, bully board notices, informing staff at line up, using a special notice if there is a pattern to the fire.
5) Plan enquires and interview; owner/occupier of premise, person who last secured building (find out what position doors and windows left in), Person who found fire (find out whether premise secure at the time, Person who gave alarm, (ascertain whether they were acting under instruction.
6) Consider area canvas and interview witnesses about; the fire, conduct of people at the fire, people loitering near the scene before the fire, any vehicles in the vicinity of the fire.
7) think about; possible motives, the victims repitation and financial position, discuss these with local police and identify possible suspects.
8) contact the insurance company promptly and obtain; the services of an assesor; to value building and damage, particulars of insurance and contents, copies of insurance policies, information on prior claims, details of any recent increase in cover or over insurance.
9) If previous similliar fires in area consider a pyromaniac and obtain directions from supervisor aboutl special partols, saturation patrols in vicinity of fires to apprehend suspect, prevention activity.
10) Inform intel section and FILO about the fire and ascertain; nominated suspects, similliar fires, other fires involving informant, owner or occupier.
11) enquiries at met centre to ascertain weather conditions at time of fire.
12) Maintain victim contacts
what are the suspect enquiries (non-explosive related fires)
1) identify suspects through; circumstances of fire, fingerprints, informant/witness information, media responces, Police resources eg; intel/youth aid, Enquiries at prisons, rehab facilities, schools and psychiatric facilities.
2) Possible suspects may include; owner/occupier for isurance fraud, an employee to cover theft/fraud forgery or false pretences, a criinal to cover traces of a crime such as burglary or homicide, an aggrieved person suffering from jealousy, hatred rage, prejudice or a desire for revenge, a mentally ill pyromanic, in the case of school buildings and ex or current pupill, a member of fire service for excitment or personal recognition, a business competitior to dissadvantage a rival.
3) Investigate suspects thoroughly and according to their priority, obtain, full particulars, criminal histories, details of cars accessible to them, details of associates, photogrph.
4) Consider surveilance
5) Complete enquiries to establish suspects; oppotunity, motive, mens rea, connection with scene/crime, character/mental background/history/movements/behaviour.
6) Consider search warrant and; search suspects clothing, residence, motor vehicle, workplace and any other place evidence could be found look for; accelerants, containers, igniters, wick fabrick, traces of debris from the scene, Photograph evidecne in situ, ask for suspects explanantion of item be alert for evidence of being at scene, burnt facial hair, smell of smoke , resideue of fuels or products of combustion on skin, issue a 268 for property seized, ensure exhibtis labled, examined and uplifted by exhibits officer.
7) Interview suspect.
8) consider identification parade or montage.
9) enquiries to negate/corrborate explanation
10) Discuss evidecne with supervisor.
11) Arrest suspect and obtain; fingerprints, photographs, consider medical examination for injuries, offender report, consider a reconstruction with suspect.
12) Complete prosecution file and complete corrospondance, forward noting to FILO.
Fires involving explosives, Detail initial action
1) remeber possibility there may be a secondary device at the scene including in a nearby building or vehicle, do not handle or interfere with anything unfamiliar,
2) Do not use cellphones, portable radios, or other transmitting devices.
3) Evacuate scene to a safe distinace or at least 100 mtrs. Ensure people leaving scene take their personal beleongings with them. Consider using an explosive detector dog to clear scene,
4) IF IED located imediatly obtain services of an IED operator from department of labour. If none availbe consider using defence force expert.
5) Give regular SITREPS to comms.
What should you look for to point towards an explosive fire or be characteristic of an explosion?
Cratering,
Spread of debris,
shredding of materials,
A smell pecullier to exploded materials eg the smell of almonds is oftern associated to explosive or exploded material,
An overlay of dust,
Shrapnel marks.
When using a Suspicious fire sampling kit (Arson Kit) what must you ensure?
1) the samples have not been and cannot be cross-contaminated.
2) All containers are sealed and clearly labled.
3) Liquid samples are secure and isolated form other samples.
4) the kit is forward to ESR as a unit even if only one container has been used.
5) the package is corectly addressed.
What are examples of a Rural fire requiring investigation?
1) where the rural fire authority intends to make a claim under the rural fire fighting fund.
2) Where negligence has been shown by a person or party.
3) all suspicious fires.
4) where multiples ifres start in an area with no apparent reaon.
5) Any fires that may provide the rural fire authority with assistance in prevention and investigation strategies.
Define “claim of right”
IN relation to any act means a belief at the time of the act in a proprietory or possesory right to property in relation to which the offence is alledged to have been committed, allthough that beleif may be based on ignorance or mistake of fact, or any other matter of law other than the enactment against which the offence is alledged to have been committed.
What constitutes damaghe by fire?
Allthough fire damage will often involve burning or charring, it is not necessary that the property is actually set alight, melting, blistering of paint, or signifiant smoke damage may be sufficient.
What is the definition of property?
Property s.2 CA61
includes any real or personal property and any estate or interest in any real or personal property, money, electricity, debt and any thing in actionand any other right or interest.
State and explain case law in relation to a tennant having an interest in a property
R v WILSON
“It is well established a tennancy is an interest in land, where as here, the crown alledges, that damage by fire has been caused recklessly, and the person charged is a tennant of the property, or holds another qualifying interest in the property, then in the absence of any of the aggravating factors, that person cannot be convicted of arson”
s.267 provides that a tennant who damages by fire they can only be liable if;
267(1)(c) intentionally damge by fire to cause loss to any other person,
267(1)(a) recklessly or intentionally damage by fire if knew anger to life was likly to ensue,
in the example a tennant burnt a house down cooking meth, he was not liable for arson but instead could be liable for “permitting premise to be used for the commission of n offence against MODA s.12(1)”
What are the powers conferred under s.28 Fire Service Act 1975?
- Enter private property when it is on fire or endangered or when entry is essential to performing a necessary duty.
- Close Roads.
- remove vehciles impeding fire service and if necessary break into thos vehicles to do it.
- Remove people who are in danger or interfering with operations using reasonable force if necessary.
- Do anything else that is reasonably necessary for the protection of life or property.
At the conclusion of the internal examination what should the fire service speciliast investigator be able to determine?
Area of origin
point of orgiin
seat of the fire
What is the general difference between a gas explosion and once caused by explosives?
A gas explosion generally covers a wider area and does not leave a crater.
list the responsibilities of a scene guard?
Preserve evidence
prevent interferance
prevent looting
exclusion and control of onlookers
What observations may a specialist fire investigator make during a scene examination
Smoke deposits and burn patterns
soot deposits on window glass and craze patterns
Spalling - cracking and chipping of concrete from being heated and cooled rapidly
Burning of floor areas
Damage to wall studs
Damage to roofing timbers
Damage to window sills and door edges
How may a conference assist you in the investigation?
assesing information held
reconstructing
establishing possible motives
identifying suspects
establishing lines of enquiry
What signs should you be alert for when speaking to the suspect at a search warrant?
burint facial hair
the smell of smoke
residues of fuel and combusition on the skin
What enquiries must you establish in relatio to the suspect of an arson?
opportunity
motive
mens rea (guilty plea)
connection with the scene and crime
character, mental background, history, movements and behaviour
What injuries could be sustained from hazards at a crime scene?
injestion of dangerous particles
cuts and wounds from sharp objects
air borne dust paticles
tripping on fire debris
items from above falling onto you or hitting objects and causing a chain reaction
