Arson Flashcards
R V Harney
Reckless means the conscious and deliberate taking of an unjustified risk.
Proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
(Subjective and objective)
Circumstantial evidence from which intent may be inferred
- Offenders actions and words, before, during and after the event
- The surrounding circumstances
- The nature of the act itself
R V Collister
Intent could be inferred from the circumstances
Proving Recklessness
Subjective test - The defendant consciously and deliberately ran a risk
Objective test - The risk was One that was unreasonable to take in the circumstances. (What would a reasonable person have thought?)
R V Archer
Damages by fire
-Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use of value
Damages by fire definition (or explosive)
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.
Fire
A process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start, each of the three elements must be present in the correct proportions.
Explosive
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.
Includes; gunpowder,dynamite, gun cotton, blasting powder, fuses, ammunition.
Any item that is an integral part of producing an explosive (excludes firearm)
Excludes fireworks
Property
Real and personal property and any estate.
Any interest in any personal property (money,electricity)
Includes intangible property eg information stored on a computer
Danger to life
Means human life, and must be to someone other than the defendant
Claim of right
A belief in a proprietary or possessory right in the property at the time of committing the offence.
- belief may be based on ignorance or mistake of fact
An element of ownership or right to retain possession of it
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 moveable.
(Generally buildings or things growing on land)
Vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Ship
Every description of a vessel used in navigation, however propelled
Aircraft
Machine that can derive support in the atmosphere from the reactions of the air
Otherwise than by the reactions of the air against the surface of the earth
Obtain
Means, obtain or retain for himself or herself or any other person
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
R V Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
Person includes:
The crown and any public body, local authority, any board, society or company
Attempts
- Having intent to commit an offence, does or omits an act for the purpose or accomplishing his object.
- Must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence
R V Harpur
The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops. The defendants conduct may be considered in its entirety. How much remains to be done is always relevant though not determinative.
Explanation: The court can take the circumstances leading up to the offence into account even if the full offence isn’t committed. (Sufficient proximity)
Knowledge (Possession of explosives)
The prosecution must prove that the defendant had knowledge the the substance in his possession was an explosive
Dangerous “engine,” “instrument,” or “thing” interpretation
A device intended to explode or cause fire or omissions of noxious things
Section 267(1)(a)
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of any explosive
- Any Property
- Knowing OR ought to know
- Danger to life is likely to ensue
Arson - 14 Years
Crimes Act 1961
Section 267(1)(b)
Intentionally OR recklessly And without claim of right Damages by fire OR by means of any explosive Any immovable property Or vehicle OR ship OR aircraft In which that person has no interest
Arson 14 years
Section 267(1)(c)
Intentionally
Damages by fire OR by means of any explosive
Any immovable property
Or vehicle OR ship OR aircraft
With intent to obtain any benefit OR to cause loss to any person
267(2)(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 referred to in sub section 1)
Arson - 7 years
267(2)(b)
Intentionally OR recklessly
Damages by fire OR By means of any explosive
Any property (other than referred to in sub section 1)
With intent to obtain any benefit or cause loss to any other person
Arson - 7 years
267(3)
Intentionally
Damages by fire OR by means of any explosive
Any property with reckless disregard for the safety of other property
Arson - 7 years
268
Attempted arson - everyone is liable for a term of imprisonment not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft
Section 269(2)(a)
- Intentionally OR recklessly
- And without claim of right
- Damages OR Destroys
- Any Property
- In which that person has no interest
Intentional Damage - 7 Years
Crimes Act 1961
269(1)
Intentional Damage - 10 years Intentionally OR recklessly Destroys OR Damages Any property If he or she ought to know Danger to life is likely to result
Section 269(2)(b)
- 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
269(3)
Intentionally
Destroys or Damages
Any Property
With reckless disregard for the safety of any other property
Intentional damage - 7 years
Powers and duties while the fire is being fought
The person in charge of the fire service has the right to:
CARRE - Section 28 - Fire and Emergency NZ Act 2017
- Enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty.
- Close roads.
- Remove the vehicles impeding the fire service [can break into]
- Remove people who are in danger (reasonable force)
- Anything else that is reasonably necessary for the protection of life and property
Use of Fire Service powers by Police
Police may exercise these powers if called upon to do so by the member of the fire service in charge.
Place officers have no right to exercise these powers simply because they are present at a fire.
Responsibilities of the POLICE fire investigation liaison officer (FILO)
ACAMAE
- Attending every fire that results in serious injury or death.
- Co-ordinating fire investigations in district.
- Arranging Police attendance at fire scenes when required.
- Maintaining effective working relationships with relevant Fire investigator workgroups
- Assisting districts with fire investigation queries
- Ensure communication is maintained with Police National Fire investigation coordinator
Specialist Fire Investigators will be called to attend and investigate fires when:
FSSBSA
- Fatalities occur
- Serious (life threatening) injury has occurred
- Suspicious or undetermined cause (Structure Fire)
- Buildings with built in fire safety features have failed or not performed
- Structure Fires of 3rd alarm equivalent (6 appliances or more)
- Any other fire upon request of other agency
How many specialist fire investigators are called to attend investigation where a death or life-threatening injury has occurred?
A minimum of two
Fire service investigation liaison officers (FSILO) responsibilities:
- Arranging fire service specialist fire investigator attendance where requested by police
- Establishing and maintaining effective working relationships with FILO’s
Fire scene control, notification and handover stages
1) The Fire service has authority over a fire scene while the fire is in progress. Once extinguished they must hand the scene over to the appropriate agency.
2) The fire service will notify police if it considers a fire may have been deliberately lit or suspicious. As well as when fatalities or serious injuries occur
3) Police must seek authority from the incident controller to take over a scene.
4) The fire service will not normally hand over a fire scene until any risks or hazards have been illuminated isolated or minimized.
5) Where there are multiple agencies involved they will consult and develop an investigation plan.
6) The investigation plan will Outline how the investigation will proceed in the role of each agency.
Police responsibility under the Fire investigation protocol
- Conduct the criminal Investigation or coronial inquiry.
- Undertake responsibility for the protection, collection and recording of forensic evidence.
- Collection and removal of evidence will only be done by Police or agencies with authority to do so.
- Preservation analysis and disposition of materials is the responsibility of Police or other agency
What 7 Hazards are the main cause of injury ?
- Inhalation of toxic substance
- Ingestion of particles
- Cuts from sharp objects
- Air Bourne dusts
- Tripping on debris
- Falling down,over or into any obstructions or cavities.
- Items falling or hitting object causing a chain reaction
Protective clothing to be worn by the On-Scene Investigator (6)
Helmet
Overalls
Nose & mouth filet, respirator or BA
Gloves
Safety glasses
Heavy duty footwear, steel toes and soles
Four main building materials
Timber - will normally burn and chair but maintain sufficient integrity
Steel – At 1600° is reduced to less than 10% of its original strength.
Concrete - The most unpredictable material is it can be affected by low fire temperatures.
Masonry - Can be weekend by deterioration of the mortar, which will be evidenced by Cracking, leaning Bowing or collapse
Common methods of lighting fire
CCEEMMTT
- Candles
– Chemical igniters - Potassium permanganate and sugar
– Electrical apparatus - Heater facing a wall, Iron
– Electric Matches - BBQ ignitor Petrol soaked rag
- Matches and cigarette - cigarette left to burn
– Molotov cocktails
– Timing devices -
- Trailers - Kerosene rags
Who should determine if a fire is suspicious or arson etc
Specialist Fire investigator
Initial Action Procedure (non explosive)
ISIIPSAC
Interview informant
Secure scene
Interview SFI or OC first truck 2 arrive
Interview Incident controller
Prelim exam (ensure safety)
Suspicious ? Re group and hold conference
Action plan with other staff: Deploy them to guard the scene, identify witnesses at the scene, conduct interviews.
Comms sitrep and ask for assistance (specialists)
Steps when preserving A fire scene
GELSCCC
- Guarding and control - secure the scene. Exclude onlookers, preserve evidence, prevent looting. Be aware of hotspots. Watch for suspects.
- Ensure fire crews don’t remove debris unless needed
- Limit access to avoid contamination
- Scope - how much needs to be preserved ?
- Cordon - identify center and tape off outside
- Common approach path
- When difficult to preserve - sketch,photo or video scene before demolition.
- Clearly separate spoil removed from the scene
Steps for examination (not critical)
External exam
Prelim internal - slow walk through
Detailed Internal exam (with SFI)
Conferences assist with:
AREIP
Assessing information obtained Reconstructing Establishing possible motives Identifying suspects Planning further enquiries
When are conferences held and who runs them ?
Before a scene exam. They must be chaired by a Fire investigation liaison Officer, crime scene coordinator or the Senior Police employee present
12 Steps of suspect enquires (no explosives)
ISIS CSI ME CAP
ID suspect - CIFMEPI Suspects may include SCOPE FAB Investigate suspect & obtain FAC DP Surveillance Complete enquiries COMMC Search warrant ACID DWAP Interview suspect Montage or Parade Enquiries to corroborate or negate suspects explanation. Consider ingredients- permission to charge Arrest and obtain fp, ph, mek, recontruction Prepare file, cancel alerts
You may ID suspects by means of:
CIFMEPI
Circumstances of fire
Information from witnesses
Fingerprints
Media response
Enquiries at prisons, hospital, rehab, schools
Police resources (Intel, youth aid, FILO)
Info from fire crews
Possible suspects of a fire may include:
SCOPE FAB
Student or Ex Student Criminal (to cover crime) Owner/occupier (insurance fraud) Pyromaniac Employee (to cover theft)
Fire service member
Aggrieved person
Business competitor
Information to be obtained for any suspect
FACDP
Full particulars Criminal histories Associates Photograph Details of any vehicles they have access too
After an arson, complete initial enquiries to establish the suspects:
COMMC
Connection with the scene Opportunity Motive Men’s rea Character, mental background, history, movements and behavior
What evidential material should you consider when executing a search warrant for an arson
ACID WAP
Accelerants Containers Igniters Debris from the scene Wick fabric Ask for suspects explanation Photograph evidence in Situ
- Complete a 268
- Labelled and examine by OC exhibits
Steps when dealing with Fires involving explosives
SNAIR
Secondary device possible - do not handle or interfere with anything unfamiliar
No cellphones, radios or transmitting devices
At least a 100m evacuation zone, bring personal belongings. Consider detector dog to locate
IED operator to be used for removal. Department of labour or Defence force if unavailable
Regular sitreps to comms
Characteristics caused by explosives include
CPOSSS
Cratering Spread of debris Shredding of materials Peculiar smell (almonds) Overlay of dust Shrapnel marks
Explosions - What to look for:
CENDISA
Containers (scattered pieces) Electric detonators (lead wire) Non-electric detonators Detonating Cord Ignitor Cord (thin wire,black mark) Safety fuses Associated items (wrappers and packaging)
To be guilty of an attempt a person must
Intend to commit an offence, and
Take a real and substantial step towards achieving that aim
They must have progressed past the stage of preparation and be sufficiently proximate to the offence
Dummy card
Dummy
Dummy card 2
Dummy 2
272
Providing explosives to commit an offence - 2 Years
Knowingly
Has in his or her possession
or makes any explosive substance, or 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
Legally your are allowed to set fire to your own property. What are the exceptions to this rule ?
- Know that Fire is likely to destroy or damage someone else’s property
- Intend to cause loss to someone else as a result of the fire
- Know that the fire will endanger life
Legally your are allowed to set fire to your own property. What are the exceptions to this rule ?
- Know that Fire is likely to destroy or damage someone else’s property
- Intend to cause loss to someone else as a result of the fire
- Know that the fire will endanger life
What four specific matters does the FSILO speak with the Police FILO about?
HAPI
Handover of the scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence
What matters should the SFI consider when determining the seat of a fire
WSSDDCPR
Witness reports (time,place & state of fire) Speed of Wind, Direction and Weather Severity of damage Direction of spread Depth of charting Colour of flames and smoke Presence of starting device Reports and opinions for other specialist
5 Examples of carelessness that might result in a fire
MIBUS W
Misusing electricity Ironing Burning rubbish, paint Using camp fires Setting off fireworks Wrapping live ashes in paper
The best rule to employ when assessing structure damage before entering
If it looks dangerous it probably is so don’t enter
The most common manner of setting a fire is
The ignition of readily available combustible material eg rubbish by using CCEEMMTT
Faults can occur in
CHATGD
Chimneys and Flues Heating systems Appliances TV left on standby Gas pipes and fittings Dust Extractors
Nature fire causes
Combinations of heat, fuel and air
CLERSS
Chemical reactions
Lightning
Electricity (static)
Rodents eating through wires or flammable material
Spontaneous combustion of damp grain, hay, wool, dust
Sun Rays
What questions should you ask the incident controller when interviewing them?
DAAASSSOP
Date and time call received Appliances that attended Actions carried out by attending crews Any Alterations to the scene Security information State of the fire on arrival Suspicious ? Opinions of the informant People or vehicle acting 1C
Name some of the personal who you may require the assistance of at a scene
FERP FEEBIP
FILO ESR scientist Rural Fire investigator Photographer Fingerprint technician Explosives inspector Building inspector Insurance assessor Pathologist
When conducting an external examination what do you take into account
ANY PD
Adjoining premises which often reveal, accelerant containers, attempts of forced entry, broken Windows & forced doors
Nearby alleyways/streets/driveways
Yards and outbuildings
Periphery of the structure itself
Distance the debris has scattered
What should you look for in a preliminary internal examination
Conduct a slow walkthrough and note the area of most damage including indicators such as
LASO SMOR
Low stock levels Areas in need of repair Signs of Hardship Owner/occupiers attitude during walk through Separate unrelated seats of fire Missing photos, furniture, personal items Open filing cabinets Rifled premises
What should you look for when completing a detailed internal examination
SSS DUFER
Smoke deposits and burn patterns Soot deposits on windows Spalling of concrete Damage to wall studs, roofing timber, skirting boards, window sills and door edges Floor areas burnt through Under floor inspection Removal of fire debris Elimination of false low burns
What are some signs a fire has been deliberately lit
Tampering with alarm or sprinkler Hindering access Intentional removal of valuable property Uneven burning Smell Burning underneath boards where liquid has run through Containers Traces in debris Multiple seats of fire Rapid spread or intensity of fire
Common electrical ignition sources and techniques
PECIF T
Pot of stew left on stove Electrical bulb and Petrol Ceiling exhaust fan stalling Ignition of switch board by gas torch “Fallen” table with lamp on top Toaster with nearby curtains
