Arson Flashcards
“Benefit” (6)
s267(4) CA61:
any benefit, pecuniary advantage, privilege, property, service or valuable consideration
“Claim of Right”
s2 CA61
- 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 fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
“Property”
s2 CA61
includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, anything in action, and any other right or interest
Arson s267(1) CA61
Liable 14 years:
(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; or
(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; or
(c)
- intentionally damages by fire or by means of any explosive
- any immovable property, or any vehicle, ship or aircraft,
- with intent to obtain any benefit, or to cause loss to any other person.
Arson (damaging other property) s267(2) CA61
Liable 7 years:
(a)
- 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 (other than immovable/vehicle/aircraft); or
(b)
- intentionally or recklessly damages by fire or by means of any explosive
- any property (immovable/vehicle/aircraft)
- with intent to obtain any benefit, or with intent to cause loss to any other person.
Arson (damaging…with reckless disregard for safety of other property) s267(3) CA61
Liable 5 years
- intentionally damages by fire or by means of any explosive
- any property with reckless disregard for the safety of any other property.
Attempted Arson 268 CA61
Liable 10 years
- attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.
Doing dangerous act with intent s198 CA61
Liable 14 years
(1)
- with intent to do GBH
(a)
discharges any firearm, airgun, or other similar weapon at any person; or
(b)
sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c)
sets fire to any property.
Liable 7 years
(2)
- with intent to injure, or with reckless disregard for the safety of others does any of the acts referred to in subsection (1).
Providing explosive to commit crime s272 CA61
Liable 2 years
- knowingly has in his 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.
Who must you liaise with an the fire scene?
Fire service incident controller
When must the fire service report a fire to police?
Fatality, serious injury or suspicious
Preliminary internal examination (13)
Start from least damage to most damage.
Indicators:
- low stock levels in commercial premises
- building areas in need of repair
- signs of hardship (e.g. shops to let)
- missing personal items (e.g. family photos)
- lack clothing in drawers/wardrobes and where they are if not?
- rifled premises
- missing files/open filing cabinets
- forced entry into an empty till
- presence of accelerant containers or trails
- separate unrelated seats of fire
- owner attitude during walkthrough
- unusual odours
- burn patterns
List what is involved in a DETAILED internal examination (6)
- smoke deposits and burn patterns
- spalling
- damage to wall studs
- damage to roofing timbers
- damage to window sills and door edges
- floor areas burned through
What are the responsibilities of the Fire Investigation Liaison Officer (FILO)? (7)
- Attend serious injury/death fire
- Arrange police attendance at fire
- Co-ordinate fire investigations in their area or district
- Assist with fire-related investigations
- Provide expertise where required
- Maintain relationship with FSILO
- Maintain communication with Police national fire CO, District Intel and District Manager Criminal Investigations
What fires do Specialist Fire Investigators attend and investigate? (Fire) (7)
- death
- serious injury
- structure fire where suspicious or undetermined
- Structure fire that has significant regional or national consequences
- significant fire across boundary property
- where built-in fire safety has failed
- Any other fire on police request
How many SFIs go to death/serious injury?
Minimum of 2
What are the responsibilities of the Fire Service Investigation Liaison Officer (FSILO)? (2)
- Arrange SFI attendance at fire scenes
2. Maintain relationship with FILOs
List some injuries through hazards (7)
- Inhalation of toxic substances
- Ingestion of particles
- Cuts from sharp objects
- Air borne dust
- Tripping on fire debris
- Falling on obstacles
- Items falling on you
List protective clothing required (6)
- Helmet
- Overalls
- Nose and mouth filter/respirator
- Gloves
- Safety glasses
- Appropriate footwear
List common methods for setting fires (8)
- Candles
- Chemical lighters
- Electrical apparatus
- Electrical matches
- Matches and cigarettes
- Molotov cocktails
- Timing devices
- Trailers
List careless causes of fire (15)
- Misuse electricity
- children and matches
- burning off paint
- homeless people fires
- welding/industrial processes
- clothes near heaters
- wrapping live ashes
- ironing
- fireworks
- using/storing flammable materials
- burning rubbish
- domestic/camp fires
- leaving stove/heater on
- leaving cooking unattended
- smoking
List fault causes of fire (10)
- chimneys/flues
- heating systems
- fans and ventilation
- dust extractor
- appliances
- tv on standby
- machinery
- electrical wiring
- gas pipes and fittings
- broken power lines
List nature causes of fire (6)
- Chemical reactions
- sun
- lightning
- static electricity
- rodents eating through wires
- spontaneous combustion of materials
Procedure on arrival? (8 and some subs)
- Briefly interview informant (could be suspect)
- Secure and control scene
- Initial interview SFI and OC first appliance at scene
- Interview IC
a. time, date and manner of call
b. appliances attended
c. state of fire when arrived
d. action fire service taken, particularly in entering
building and ventilating. - if fire out, ensure scene safety before initial
conference with fire and police and prelim scene
exam. - if suspicious then re-conference
- Determine plan - guard/control scene, interview
witnesses, conduct local enquiries. - Contact Comms with SITREP and request any
resources required
List witnesses to consider interviewing (13)
- found fire/raised alarm/alerted authorities
- fire fighters
- occupants and their visitors
- employees
- owners
- neighbours
- spectators
- passers-by
- local police
- patrols
- other police and security staff
- vendors and delivery people
- reporters and photographers
Explain roles in guarding and securing a scene AND considerations for police (8)
Fire service will ensure scene secure while file extinguished.
Police considerations:
- ensure scene not interfered with
- exclude and control on-lookers/owners/interested parties
- preserve evidence
- prevent looting
- be aware of re-ignition from hotspots
- possible suspects
- ID witnesses among on-lookers
- report all significant matters to OC Scene/Investigation
Fire contamination. What are the considerations?
Considerations around Scope?
- scope. How much needed?
- cordon - ID center and furthest away item of evidence
- CAP
List other personnel you may need? (21)
- fire investigation liaison officer
- ESR
- rural fire investigator
- photographer
- crime prints
- explosives inspector
- electrical inspector
- building inspector
- insurance inspector
- vehicle inspector
- civil aviation inspector
- mines inspector
- accountant
- forensic mapper
- pathologist
- forestry expert
- agricultural expert
- marine surveyor
- heating engineer
- meteorologist
List what an external examination takes into account? (7)
- Adjoining premises which often reveal
a. accelerant containers
b. attempts at forced entry/broken windows or doors - Nearby streets/alleyways
- outbuildings
- periphery of structure
- what distance debris was scattered, particularly if drums exploded
- outbuildings empty
- business appearing to struggle
List the evidence of accelerants (7)
- containers
- traces in debris
- smell
- unusually rapid spread or intensity of fire
- uneven burning
- burning under or behind boards where liquid has run through cracks
- multiple seats of fire
List the evidence of intentional interference (10)
- tampering with smoke alarm
- hindering access
- misdirecting fire fighters
- removal of valuable property
- signs windows opened to create draught
- foreign objects
- signs crime been committed
- signs heater/electrical appliance left on
- inconsistencies
- unusual burn pattern or time factors
Steps for seizing exhibits (3)
- photograph in situ, label and preserve in containers
- use approved arson kits
- take control samples
a. charred timber/ashes from seat of fire and other points
b. accelerants found
c. soil from surrounding area
During preliminary interview with the owner what, specifically, should you ask? (5)
- when secured and by whom?
- whether knows cause of fire
- details of any suspect and any insurance
- type of business
- actions leading up to the fire
What are the normal investigation steps at any fire?
- Information gathering
- Scene examination
- Debris examination
- Product examination
- Analysis and testing
- Opinion formulation
- Reporting data and opinions
What are the first questions in relation to any suspected electrical fire? (3)
- was the power to the building live?
- was the power to the area of the building where the fire started live?
- electrical continuity to the suspected electrical heat source.
What are some common electrical ignition sources and techniques? (8)
- heaters and clothing
- electric lamp and petrol igniters
- Fallen lamp with combustible materials
- Main switchboard wiring by way of gas torch to the earth or neutral bars
- Toaster and curtains
- Pot of stew on a stove
- Electrical food appliances
- Ceiling exhaust fans
Fires involving explosives - initial action (5)
- may be secondary device at scene or nearby building. do not handle/interfere with anything
- do not use cellphones/radios/transmitting devices
- evacuate to at least 100m. People leaving bring personal property with them (reduces items to be cleared). use detector dog.
- if IED -> department of labour IED operator or defence force expert.
- regular sitreps
Fires involving explosives - scene exam (3)
- scene exam. use video and photographs
- continually reconstruct
- ESR expert. consider swabbing clothes/hands any suspects
Fires involving explosives - ID explosive
- Priority to ID explosive
- Low powered explosive explodes in general manner. Confinement (e.g. pipe bomb) makes it high powered.
- 1200-5000 mps follow ‘least line of resistance’
- 5000+ mps follow directional pattern.
- Modern explosive residue dissipates rapidly -> expert
- lay plastic/stepping plates to centre of explosion
- swabbing from centre out
- vertical sheets of iron good sources of residue - use above if need remove body parts
- note impression of any odours
Conditions for reconstructing explosion (5)
- under OC scene supervision
- suitable site
- conditions close to original as possible
- in association with explosives and scientific experts
- as a scientific test
Fires involving explosives - what to look for (6)
- cratering
- spread of debris
- shredding of materials
- peculiar smell
5 overlay of dust - shrapnel marks
R v Harney
What is needed to prove recklessness?
- Requires the conscious and deliberate taking of an unjustified risk. AND
- That the risk was unreasonable in the circumstances as they were known to the defendant.
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
What is required for a fire to start?
- oxygen
- heat
- fuel
Define explosive
s2 Arms Act 1983
(a) any substance or mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
(d) does not include fireworks
Define immovable property
things currently fixed in place and unable to be moved, even though it may be possible to make it movable.
Define vehicle
s2 LTA98
- a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved, AND
- includes hovercraft, skateboard, in-line skates and roller skates.
Define ship
s2 CA61
- every description of vessel used in navigation, however propelled, AND
- includes any barge, lighter, dinghy, raft or like vessel, AND
- includes any ship belonging to or used as a ship by the armed forces of any country.
Define aircraft
s2 Civil Aviation Act 1990
- any machine that derives support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Define ‘interest in property’
not defined in law but includes tenancy in a building.
Define ‘obtain’
s217 CA61
- in relation to any person, means to obtain or retain for himself or any other person
R v Morley
Does the loss need to result in any benefit to the offender?
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
No.
Define person
s2 CA61
- wide definition including Crown, organisations, local govt
What is require for an attempt?
s72 CA61
- Intend to commit the offence AND
- take a real and substantial step towards achieving that aim.
it is a matter of law whether a person has done enough to constitute an attempt
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops..the defendant’s conduct may be considered in its entirety.
How much remains to be done is relevant but not determinative.
Intentional Damage s269 CA61
Liable 10 years
(1) intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result
(2) liable 7 years -
(b) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest; OR
(c) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit or cause loss to any person.
(3) liable 7 years -
intentionally destroys or damages any property with reckless disregard for the safety of any other property
Conferences must be held during the scene examination to assist you with? (5)
- assessing information obtained
- reconstruction
- establishing possible motives
- identifying suspects
- planning further enquiries
