Arson Flashcards
Arson
Sec 267(1)(a)
Crimes Act 1961
Intentionally or recklessly
Damages by fire or
means of explosive
Any property
If he knows or
Ought to know that danger to life is
likely to ensue
Intent
Deliberate act or ommission
Intent to produce a specific result
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include:
- Offenders actions/words before/during/after
- Surrounding circumstances
- The nature of the act itself
R v Harney
Recklessness means the conscious and deliberate taking of an unjustifiable risk.
In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardsless of risk
Held:
While it is necessary to prove that the defendnat foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result
Recklessness
It must be proved not only that;
the defendant was aware of the risk and proceeded regardless
But also
It was unreasonable for him to do so
R v Archer
“Property may be damaged if it suffers permanent or temporary physical harm or impairment”
Set fire to toilet paper in bathroom and blackened tp of sink
It was held that any change in an object that impairs its value or usefullness may constitute damage
Property
In practice property will generally be physical tangible items
Includes real and personal property, and any estate or interest in any real or personal property (money,electricity) and any debt, and anything in action, and any other right or interest
Knows or ought to know
Knowing or correctly believing
The defendant may believe something wrongly, but cannot know something that is false.
Subjective- did he know human life was likely to be endangered by his actions?
Objective- would a reasonable person have recognised the risk?
Danger to life
Human life and the danger must be to the life of someone other than the defendant
Initial Action
VAWSEIPO
Victim Appreciation- Risks / Safety Witnesses- locate & contain Scene- Freeze,control,guard,preserve Evidence- identify, note and preserve Ingredients- what offence has been committed Powers- available to you Offenders - Identify /apprehend
Initial Action 1st CIB member
- Gain information
- Ensure initial actions are attended to
- Conduct a reconnaissance
- Carry out an appreciation and take any immediate action
Witness Statements
ADVOKATES
Amount of time under observation Distance - witness & suspect Visibility at the time Obstructions - to the view of witness Known or seen before? Any reason to remember / distinguishable Time lapse since (time delay) Error - material / descrepencies
Peace Model
Preparation / Planning
Engage and explain
Account / probe / challenge
Closure
Evaluate
Free Recall
Explain / Engage Free recall Sketch plan Summary Witness topics RIIT’s Summary Record statement
10 prinicples of investigative interviewing
- At the heart of investigation
- Aim to discover the truth
- Info must be complete, accurate, reliable
- Keep an open mind
- Act fairly
- Questions can be persistent
- Special consideration
- Suspects must be interviewed in accordance with the law
- Care to intentify suspect special consideration
- Be sensitive to cultural / religious background
