Arson

Question 1

R V Harney

Answer 1

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)

Question 2

Circumstantial evidence from which intent may be inferred

Answer 2

• Offenders actions and words, before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 3

R V Collister

Answer 3

Intent could be inferred from the circumstances

Question 4

Proving Recklessness

Answer 4

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?)

Question 5

R V Archer

Answer 5

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

Question 6

Damages by fire definition (or explosive)

Answer 6

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.

Question 7

Fire

Answer 7

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.

Question 8

Explosive

Answer 8

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

Question 9

Property

Answer 9

Real and personal property and any estate.

Any interest in any personal property (money,electricity)

Includes intangible property eg information stored on a computer

Question 10

Danger to life

Answer 10

Means human life, and must be to someone other than the defendant

Question 11

Claim of right

Answer 11

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

Question 12

Immovable property

Answer 12

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)

Question 13

Vehicle

Answer 13

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 14

Ship

Answer 14

Every description of a vessel used in navigation, however propelled

Question 15

Aircraft

Answer 15

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

Question 16

Obtain

Answer 16

Means, obtain or retain for himself or herself or any other person

Question 17

Benefit

Answer 17

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 18

R V Morley

Answer 18

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 19

Person includes:

Answer 19

The crown and any public body, local authority, any board, society or company

Question 20

Attempts

Answer 20

• 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

Question 21

R V Harpur

Answer 21

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)

Question 22

Knowledge (Possession of explosives)

Answer 22

The prosecution must prove that the defendant had knowledge the the substance in his possession was an explosive

Question 23

Dangerous “engine,” “instrument,” or “thing” interpretation

Answer 23

A device intended to explode or cause fire or omissions of noxious things

Question 24

Section 267(1)(a)

Answer 24

• 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

Question 25

Section 267(1)(b)

Answer 25

``` 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

Question 26

Section 267(1)(c)

Answer 26

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

Question 27

267(2)(a)

Answer 27

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

Question 28

267(2)(b)

Answer 28

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

Question 29

267(3)

Answer 29

Intentionally Damages by fire OR by means of any explosive Any property with reckless disregard for the safety of other property Arson - 7 years

Question 30

268

Answer 30

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

Question 31

Section 269(2)(a)

Answer 31

- 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

Question 31

269(1)

Answer 31

``` 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 ```

Question 33

Section 269(2)(b)

Answer 33

- 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

Question 34

269(3)

Answer 34

Intentionally Destroys or Damages Any Property With reckless disregard for the safety of any other property Intentional damage - 7 years

Question 35

Powers and duties while the fire is being fought The person in charge of the fire service has the right to:

Answer 35

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

Question 36

Use of Fire Service powers by Police

Answer 36

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.

Question 37

Responsibilities of the POLICE fire investigation liaison officer (FILO) ACAMAE

Answer 37

- 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

Question 38

Specialist Fire Investigators will be called to attend and investigate fires when:

Answer 38

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

Question 39

How many specialist fire investigators are called to attend investigation where a death or life-threatening injury has occurred?

Answer 39

A minimum of two

Question 40

Fire service investigation liaison officers (FSILO) responsibilities:

Answer 40

- Arranging fire service specialist fire investigator attendance where requested by police - Establishing and maintaining effective working relationships with FILO’s

Question 41

Fire scene control, notification and handover stages

Answer 41

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.

Question 42

Police responsibility under the Fire investigation protocol

Answer 42

- 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

Question 43

What 7 Hazards are the main cause of injury ?

Answer 43

- 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

Question 44

Protective clothing to be worn by the On-Scene Investigator (6)

Answer 44

Helmet Overalls Nose & mouth filet, respirator or BA Gloves Safety glasses Heavy duty footwear, steel toes and soles

Question 45

Four main building materials

Answer 45

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

Question 46

Common methods of lighting fire

Answer 46

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

Question 47

Who should determine if a fire is suspicious or arson etc

Answer 47

Specialist Fire investigator

Question 48

Initial Action Procedure (non explosive)

Answer 48

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)

Question 49

Steps when preserving A fire scene

Answer 49

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

Question 50

Steps for examination (not critical)

Answer 50

External exam Prelim internal - slow walk through Detailed Internal exam (with SFI)

Question 51

Conferences assist with:

Answer 51

AREIP ``` Assessing information obtained Reconstructing Establishing possible motives Identifying suspects Planning further enquiries ```

Question 52

When are conferences held and who runs them ?

Answer 52

Before a scene exam. They must be chaired by a Fire investigation liaison Officer, crime scene coordinator or the Senior Police employee present

Question 53

12 Steps of suspect enquires (no explosives)

Answer 53

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 ```

Question 54

You may ID suspects by means of:

Answer 54

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

Question 55

Possible suspects of a fire may include:

Answer 55

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

Question 56

Information to be obtained for any suspect

Answer 56

FACDP ``` Full particulars Criminal histories Associates Photograph Details of any vehicles they have access too ```

Question 57

After an arson, complete initial enquiries to establish the suspects:

Answer 57

COMMC ``` Connection with the scene Opportunity Motive Men’s rea Character, mental background, history, movements and behavior ```

Question 58

What evidential material should you consider when executing a search warrant for an arson

Answer 58

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

Question 59

Steps when dealing with Fires involving explosives

Answer 59

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

Question 60

Characteristics caused by explosives include

Answer 60

CPOSSS ``` Cratering Spread of debris Shredding of materials Peculiar smell (almonds) Overlay of dust Shrapnel marks ```

Question 61

Explosions - What to look for:

Answer 61

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) ```

Question 62

To be guilty of an attempt a person must

Answer 62

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

Question 63

Dummy card

Answer 63

Dummy

Question 64

Dummy card 2

Answer 64

Dummy 2

Question 65

272

Answer 65

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

Question 66

Legally your are allowed to set fire to your own property. What are the exceptions to this rule ?

Answer 66

- 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

Question 67

Legally your are allowed to set fire to your own property. What are the exceptions to this rule ?

Answer 67

- 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

Question 68

What four specific matters does the FSILO speak with the Police FILO about?

Answer 68

HAPI Handover of the scene Access to the fire scene Process for examination and investigation Identification and collection of evidence

Question 69

What matters should the SFI consider when determining the seat of a fire

Answer 69

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 ```

Question 70

5 Examples of carelessness that might result in a fire

Answer 70

MIBUS W ``` Misusing electricity Ironing Burning rubbish, paint Using camp fires Setting off fireworks Wrapping live ashes in paper ```

Question 71

The best rule to employ when assessing structure damage before entering

Answer 71

If it looks dangerous it probably is so don’t enter

Question 72

The most common manner of setting a fire is

Answer 72

The ignition of readily available combustible material eg rubbish by using CCEEMMTT

Question 73

Faults can occur in

Answer 73

CHATGD ``` Chimneys and Flues Heating systems Appliances TV left on standby Gas pipes and fittings Dust Extractors ```

Question 74

Nature fire causes

Answer 74

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

Question 75

What questions should you ask the incident controller when interviewing them?

Answer 75

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 ```

Question 76

Name some of the personal who you may require the assistance of at a scene

Answer 76

FERP FEEBIP ``` FILO ESR scientist Rural Fire investigator Photographer Fingerprint technician Explosives inspector Building inspector Insurance assessor Pathologist ```

Question 77

When conducting an external examination what do you take into account

Answer 77

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

Question 78

What should you look for in a preliminary internal examination

Answer 78

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 ```

Question 79

What should you look for when completing a detailed internal examination

Answer 79

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 ```

Question 80

What are some signs a fire has been deliberately lit

Answer 80

``` 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 ```

Question 81

Common electrical ignition sources and techniques

Answer 81

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 ```