ARSON Flashcards
1
Q
In a criminal law context what must be proven for intent?
A
A deliberate act that must be more than involuntary or accidental with an intent to produce a specific result
2
Q
What three examples of circumstantial evidence may infer an offenders intent?
A
- The offenders actions and words, before, during and after
- The surrounding circumstances
- The nature of the act itself
3
Q
What is held in R v Harney?
A
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof the the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
4
Q
What two things must be proven to show recklessness?
A
- That the defendant consciously and deliberately ran a risk (subjective text)
- That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test).
5
Q
What is held in R v Archer?
A
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it use or value.
6
Q
What is the definition of fire?
A
Fire is the result of the process of combustion, a chemical reaction between the fuel and oxygen, triggered by heat.
7
Q
What is the definition of explosive under section 2 of the 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.
Does not include any firework as defined in section 2 of the Hazardous Substances And New Organisms Act 1996.
8
Q
What is the definition of property under section 2 of the Crimes Act 1961?
A
Property includes any 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 of interest.
9
Q
What is the definition of claim of right under section 2 of the Crimes Act 1961?
A
Claim of right in relation to any act, means a belief at the time of the act in a proprietary or possessor right in property in relation to which the office 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 that the enactment against which the offence is alleged to have been committed
10
Q
What is the nature of belief required in relation to claim of right?
A
- A belief in a proprietary or possessory right to the property in question, ie a belief in ownership of the property or right to take or retain possession of it.
- The belief must be held at the time of the conduct alleged to have constitute the offence
- The belief must be held by the defendant.
11
Q
What is the definition of immoveable property and some examples?
A
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
Buildings, land, and things growing on land such as forests
12
Q
What is the definition of a vehicle under section 2 of the Land Transport Act 1998?
A
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved and includes any hovercraft, skateboard, inline skates and roller skates
13
Q
What is the definition of ship under section 2 of the Crimes Act 1961?
A
Ship means every description of vessel used in navigation however propelled. Includes any barge, lighter, dingy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country
14
Q
What is held in R v Morley?
A
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
15
Q
What two elements need to be proven for a person to be guilty of attempting to commit an offence?
A
- Intend to commit the offence
- Take a real and substantial step towards achieving that aim
16
Q
What must the crown prove in relation to offence of attempted arson?
A
That the defendant intended to commit the full act of arson, and acted as he did for the purpose of achieving that aim.
17
Q
What is held in R v Harpur?
A
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remain to be be done is always relevant though not determinative.
18
Q
Attempted arson - section 268 of the Crimes Act 1961, what must you prove in addition to the defendant’s identity?
A
- They attempted to commit arson
- The attempted arson was in respect of any immovable property or any vehicle, ship or aircraft.
19
Q
Can a person be charged with attempted arson if the act was reckless?
A
No you must prove intent to commit arson, mere reckless cannot suffice.
20
Q
What is the definition of an aircraft under section 2 of the Crimes Act 1961?
A
Air craft has the same meaning as in the Civil Aviation Act 1990 and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand.
21
Q
What is the definition of “obtain: under section 217 of the Crimes Act 1961?
A
means to obtain or retain for himself or herself or any other person.
22
Q
What is the definition of benefit under section 267 of the Crimes Act 1961?
A
means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
23
Q
Legally you are allowed to set fire to your own property unless you:
A
- Intent to cause loss to someone else as a result of the fire
- Know or out to know that danger to life is likely to ensue
- Know that the fire is likely to destroy or damage someone else’s property as a consequence.
24
Q
What 4 specific matters will a Fire Service Specialist Fire Investigator (SFI) advise the designated Police Fire Investigation Liaison Officer (FILO) of?
A
- Hand over of the fire scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the fire scene
25
What powers and duties do the Fire Service have while a fire is being fought under section 28 of the Fire Service Act 1975?
Now replaced by s42 Fire And Emergency New Zealand Act 2017
(a) enter any land, building, or structure:
(b) break into any building or structure that may be on fire or otherwise endangered or that is near the emergency:
(c) take or send any equipment or machine required to be used into, through, or upon any land, building, or structure:
(d) remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure:
(e) cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.
26
Can a police officer exercise the powers conferred to the Fire Service under section 28 of the Fire Service Act 1975? (Powers And Duties While Fire Is Being Fought)
Police officers have no right to exercise these powers simply because they are present at a fire.
Police may exercise these powers if called upon to do so by a member of the Fire Service
27
When will the Fire Service notify police that a fire has occurred?
- If a fire results in serious injury or death
| - If a fire is considered suspicious
28
What is the process for control, notification, and hand over of fire scene? 6 Stages
ANA DAP
1) Authority -The Fire Service has authority over a fire scene while a fire is in progress. Once fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene over to the appropriate agency, this will be the police
2) Notify - The Fire Service will notify police if it considers that a fire may have been deliberately lit or if the cause of the fire is suspicious. The Fire Service will also notify police where fatalities or serious (life threatening) injuries occur.
3) Authority - Where police attend a fire scene and seek authority over that fire scene the FILO will consult with the incident controller (fire service) to confirm the hand over process
4) Danger - The Fire Service will not normally hand over a scene until the danger or fire, structural collapse, or other fire related hazards have been identified and eliminated.
5) Agencies - For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan.
6) Plan - The investigation plan will include an outline of how the investigation will proceed and the role of each agency.
29
At a fire scene, what hazards contribute to injury?
- inhalation of toxic substances
- ingestion of particles.
- cuts/wounds from sharp objects
- air borne dusts/particles
- tripping on fire debris
- falling down/over/onto obstructions or cavities
- items falling from above
30
What are the four main building materials at fire scenes?
- Timber
- Steel
- Concrete
- Masonry
31
What are some common methods of setting fires?
CMC FEET TM
- Candle left to burn down into a pile of combustible material
- Matches and cigarettes
- Chemical igniters such as a reaction between potassium permanganate, sugar and glycerine
- Fire fudge which includes a reaction between potassium chlorate, sugar, and sulphuric acid.
- Electrical apparatus which have been left on in circumstances which will cause a fire.
- Electric Matches which is capable of spitting a flame sufficient to ignite a petrol soaked rag.
- Timing devices
- Trailers
- Molotov cocktails
32
What are some examples of some non intentional causes of fire?
- Carelessness when cooking, ironing, leaving heater on
- Fault with chimneys, heating systems, electrical wiring
Nature such as chemical reactions, static electricity, lightning.
33
What is the definition of immovable property?
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable
34
If you have tenancy of a property are you deemed to have an interest in that immovable property and therefore not liable for a charge under 267(1)(b)?
Correct the courts have held that the tenancy of a property constitutes an interest in it
35
What are the procedures to follow on arrival at a scene of fires (not involving explosives)?
BSI IF PISS
Briefly interview the informant. Remember that they may be the suspect
Secure and control the scene
Interview the Specialist Fire Investigator and the O/C of the first Fire Appliance.
Interview the Incident controller (9 steps)
Fire - If the fire is extinguished, ensure the safety of the scene before holding an initial conference with the Specialist Fire Investigator and Police.
Preliminary - Conduct preliminary scene examination
If deemed serious, regroup and hold a briefing conference.
Staff - Confer with staff and determine a plan of action, guarding and controlling of the scene, area inquiries, interview witnesses, etc
Sitrep with comms. request assistance if necessary, such as Fire Investigation Liasion Officer, Photographer, or Fingerprint Section.
36
What are the 9 questions to ask the Incident Controller?
- The time and date of the call and the in which it was received
- What appliances attended
- The state of the fire and when the Fire Service arrived
- What action the fire service has taken, particularly in entering the building and ventilating it after the fire
- What information the Fire Service has about the building's security
- What alterations they have made to the scene for example they may have had to force open windows or doors
- Whether the thing the fire is suspicious and why
- Their opinions of the informant ie a person who regularly attends fires or reports them.
- Details of people of vehicles acting suspiciously in the vicinity.
37
Detail the police responsibilities at a fire scene examination and investigation
CUM Analysis
- Conduct the criminal investigation or the Coronial inquiry
- Undertake the responsibility for the protection, collection, and recording of forensic evidence
- Material - The collection and removal of material from the fire crime scene will only be done by Police or other agencies with their authority to remove evidence.
- Analysis - The preservation, analysis and subsequent disposition of any such material is the responsibility of the Police or any other Agency with the authority to do so.
38
Conferences must be held during the scene examination to assist you with?
I PARE
- Identifying suspects
- Planing further inquiries
- Assessing information obtained
- Reconstructing the scene
- Establishing positive motives
39
In determining the seat of the fire the Specialist Fire Investigator will consider?
SFI DOC TEDS
- State of the fire when the witnesses first saw it
- Fire - Where the witnesses were when they first saw the fire
- Interview - Witness accounts taken into consideration
- Depth of charing
- Opinions and thoughts held by other specialists
- Colour of flames and smoke
- The presence of starting devices
- Environment - The wind and speed direction and the weather conditions at the time of the fire.
- Direction of the spread of the fire
- Severity of the damage
40
Who attends a conference
OC PISS OF
- O/C CIB
- Crime Scene Co-ordinator
- Police photographer
- Investigating officers
- Specialist Fire Investigator
- SOCO
- Other Specialist as required
- Fire investigation Liaison Officer
41
What 4 things will the Specialist Fire Investigator discuss with the Fire Investigation Liaison Officer?
HAPI
- Hand over of the scene
- Access to the fire scene
]- Process for the examination and investigation
- Identification and collection of evidence
42
When will the Fire Service notify Police that a fire has occurred?
- If a fire results in serious injury or death
| - If a fire is considered suspicious
43
What protective clothing must be worn by the on scene investigator?
- Suitable helmet
- overalls
- nose and mouth filter
- gloves
- safety glasses
- heavy duty foot ware with steel soles and toe caps
44
What are the 4 main materials involved in structural fires and how they react
Timber - This will normally burn and char but will in most instances if members are thick enough maintain its integrity.
Steel - This will expand and can cause walls to be pushed out. When the heated steel is cooled by fire fighting hose lines it tends to contract causing beams to collapse.
Concrete - This can break away at the surface (spalling) Concrete can be effected by low fire temperatures and topple like a deck of cards
Masonry - When subjected to fire can be weakened by deterioration of the mortar, expansion of the wall or to structural members. Visible signs include cracking, bowing, or collapsed floors or roof frames
45
What are the items in the Suspicious Fire Sampling Kit?
- 1x 4L tin
- 1x 2L tin
- 1x 500ml tin
- 1x 3ml pipette
- 2x latex gloves
- 1x tissues
46
List 5 examples of where carelessness may cause a fire?
LIMBS
```
Leaving clothes near heating
Ironing
Misusing electricity
Burning rubbish
Smoking
```
47
What is the best rule to employ in relation to a fire scene?
The scene should be examined systematically, from the outside in.
48
Police guarding a fire scene must?
RIBB
- Report all matters of significance to O/C investigation
- Identify any witness among onlookers
- Be aware or re-ignition from hot spots
- Be vigilant and watch for possible suspects
49
Where it is difficult to preserve the scene the investigator must record the scene prior to demolition by?
- Sketches
- Photographs
- Plans
- Video recordings
50
A Specialist Fire Investigator should be present at all fire scenes that Police are required to attend. You may also require the assistance of one or more of these?
PEEPS
- Photographer
- ESR
- Electrical inspector
- Pathologist
- SOCO
51
What 3 steps should you follow with an exhibit at a fire scene?
- Photograph in situ, label the exhibits, and preserve them in containers
- Use approved arson kits if these are available, if not use any suitable containers such as unused four litre paint tins.
- Takes these controlled samples:
1) charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
2) any accelerants found near the scene
3) soil from the surrounding area
52
At the conclusion of a detailed internal examination the Specialist Fire Investigator will be able to determine?
- Area of origin
- Point of origin
- The seat of the fire
53
The point of origin is the exact location at which?
- a component failed
- a fire was maliciously lit
- an accidental fire originated
54
The external examination takes into account?
WANTT
- What distance debris was scattered, particularly if drums or cylinders have exploded
- Adjoining premises which often reveal accelerant containers, attempts at forced entry, broken windows, and forced doors
- Nearby alleyways, streets, or driveways
- The periphery of the structure itself
- The yards and outbuildings of the fire effected property
55
Re an external examination, the surrounding area of the involved premises may also reveal?
- Accelerant containers
- contents of outbuildings missing
- property run-down
- business appears to be struggling
56
Re an external examination, the damage structure itself may reveal?
- jemmy marks
- window glass broken before the fire was lit
- burn patterns above doors and windows and "v" shaped burn patterns on external cladding
57
What is the seat of the fire?
The seat of the fire can be found at the apex of a "v" shaped burn pattern.
The area where the main body of the fire is located
58
The preliminary internal examination should be a slow walk through the premises, from least to most damage taking note of indicators such as?
BLURB
- Building areas in need of repair
- Lack of clothing in wardrobes
- unusual odours
- rifled premises
- burn patterns
59
For evidence of wilful cases look for evidence of accelerants such as?
- Containers
- traces in debris
- smell
- unusually rapid spread or intensity of fire
- uneven burning
- multiple seats of fire
60
5 steps to follow when conducting area inquiries with a fire scene?
- an example of conducting an area inquiry is to interview staff who work at other warehouses to see if there have been any other arson attempts
- Conduct a prelim interview of the owner and specifically find out:
a) when the permises was last secured and by whom
b) whether he knows the cause of the fire
c) the details of any suspects and any insurance
d) type of business
e) actions leading up to the fire
- Note the owners demeanor during the prelim interview
- Complete the interviews and obtain FWS from informant, witnesses, and the owner
- Give your supervisor a sitrep
61
You may identify suspects by means of?
- the circumstances of the fire
- fingerprints
- information from witnesses and informants
- media response
- police resources such as intelligence, Youth Aid Section, of the Fire Investigation Liaison Officer
- Inquiries at prisons, schools, rehabilitation centers
- Information from Fire Service or people who regularly attend fires.
62
Investigate suspect thoroughly and according to priority obtain their?
- full particulars
- criminal histories
- details of any motor vehicle to which they have access
- details of any associates
- photograph
63
Possible suspects may include?
- owner/occupier for insurance fraud
- an employee to cover theft/forgery/false pretences
- a criminal to cover their traces of crime
- an aggrieved person suffering from jealousy/hatred/rage
- a person suffering from mental illness
- member of the fire service for excitement
- business competitor
64
Complete inquires to establish the suspects
- Opportunity
- motive
- mens rea
- connection with the scene
- character history and behavior
65
What are the steps to follow for initial action in relation to a fire involving an explosive?
- remember that there may be a secondary device anywhere at the scene. Do not handle or interfere with anything unfamiliar
- Do not use cell phones, portable radios, or other transmitting devices
- Evacuate the scene to a distance of at least 100m. Ensure that people leaving the scene bring their personal possession with them. This will limit the numbers of items to be cleared. consider using a bomb dog
- if the IED is located immediately obtain the assistance from and IED operator or consider utilising a defence force expert.
- give regular sitreps to comms
66
What 3 steps to do when examining a scene of fire involving explosives?
- Once the scene is safe conduct a scene examination. Use video and photographs as these are a useful briefing tool and court record
- Remember to continually reconstruct
- Request the attendance of a suitable experienced ESR analyst. Ask them to bring suitable material for swabbing and examination.
67
Characteristic damage caused by explosives include?
- cratering
- spread of debris
- shredding of material
- an overlay of dust
- shrapnel marks
68
What is the difference between a gas explosion and someone setting explosives?
Explosions caused by gas generally cover a wider area than those caused by explosives and they do not leave a crater. Lighter than air gases such as hydrogen will create an outward blow at the topof a wall, where as heavier than air gasses blow out at the bottom of a wall
69
Suspect enquiries in respect of fires not involving explosives - 12 Steps
1) you may identify suspects by fingerprints, the circumstances of the fire, police resources, information from witnesses and informants, media, fire service
2) Possible suspects may include
- Owner occupier
- aggrieved person that is jealous or angry
- criminal trying to cover their traces
3) Investigate suspects thoroughly and obtain their?
- Full particulars
- Photograph
- Details of their vehicles and associates
- Criminal history
4) Consider surveillance
5) Complete enquiries to establish the suspects
- Motive
- Opportunity
- Connection to the scene
- Mens rea
- character, mental background
6) Consider a search warrant looking for evidence of
- offenders clothing
- accelerants
- containers
- igniters
- traces of debris from the scene
7) Interview the suspect
8) Consider a photo montage
9) Conduct enquiries to corroborate or negate the suspects account.
10) Advise your supervisor and consider ingredients of the offence, obtain authority to prosecute.
11) Arrest the suspect and obtain
- Fingerprints
- photographs
12) Complete the prosecution file
70
General inquiries in respect of fires not involving explosives - 12 Steps
1) Submit articles to ESR as early as possible
2) Create an offence report
3) Obtain written reports, photographs and plans from the Specialist Fire Investigator
4) Consider media releases, sending bulletin board messages, and using special messages
5) Plan enquiries and ensure these people are interviewed
- Owner occupier
- Person who last secured the building
- The person who found the fire
- The person who gave the alarm
6) Consider an area canvas of the neighborhood
7) Think about possible motives, and the victims reputation and financial position
8) Contact the insurance company promptly
- obtain records of insurance policies
9) If it is suspected that the fire is the work of a pyromaniac seek direction from you supervisor re special patrols and prevention.
10) Inform intelligence section and the Fire Investigation Liaison Officer about the fire.
11) Conduct enquiries at the Meteorological Service to officially establish the weather conditions at the time of the fire
12) Maintain contact with the owner of the property
71
Following a prelim examination you will accompany the Specialist Fire Investigator while they complete a detailed examination.
In this examination they will take note of the following:
- Damage to wall studs
- Damage to roofing timbers
- Damage to window sills and door edges
- soot deposits
- burn patterns
72
What are some characteristics caused by explosions?
- Cratering
- Spread of debris
- Shredding of materials
- Unusual smell - almonds
- overlay of dust
- shrapnel marks
