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CIB Modules September 2019 > Arson > Flashcards

Arson Flashcards

1
Q

R V Harney

A

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)

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2
Q

Circumstantial evidence from which intent may be inferred

A
  • Offenders actions and words, before, during and after the event
  • The surrounding circumstances
  • The nature of the act itself
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3
Q

R V Collister

A

Intent could be inferred from the circumstances

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4
Q

Proving Recklessness

A

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?)

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5
Q

R V Archer

A

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

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6
Q

Damages by fire definition (or explosive)

A

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.

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7
Q

Fire

A

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.

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8
Q

Explosive

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.

Includes; gunpowder,dynamite, gun cotton, blasting powder, fuses, ammunition.

Any item that is an integral part of producing an explosive (excludes firearm)

Excludes fireworks

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9
Q

Property

A

Real and personal property and any estate.

Any interest in any personal property (money,electricity)

Includes intangible property eg information stored on a computer

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10
Q

Danger to life

A

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

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11
Q

Claim of right

A

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

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12
Q

Immovable property

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 moveable.

(Generally buildings or things growing on land)

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13
Q

Vehicle

A

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

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14
Q

Ship

A

Every description of a vessel used in navigation, however propelled

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15
Q

Aircraft

A

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

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16
Q

Obtain

A

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

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17
Q

Benefit

A

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

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18
Q

R V Morley

A

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

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19
Q

Person includes:

A

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

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20
Q

Attempts

A
  • 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
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21
Q

R V Harpur

A

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)

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22
Q

Knowledge (Possession of explosives)

A

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

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23
Q

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

A

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

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24
Q

Section 267(1)(a)

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

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25
Q

Section 267(1)(b)

A 
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

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26
Q

Section 267(1)(c)

A

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

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27
Q

267(2)(a)

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

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28
Q

267(2)(b)

A

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

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29
Q

267(3)

A

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

Arson - 7 years

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30
Q

268

A

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

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31
Q

Section 269(2)(a)

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

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31
Q

269(1)

A 
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
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33
Q

Section 269(2)(b)

A
  • 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
34
Q

269(3)

A

Intentionally
Destroys or Damages
Any Property
With reckless disregard for the safety of any other property

Intentional damage - 7 years

35
Q

Powers and duties while the fire is being fought

The person in charge of the fire service has the right to:

A

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
36
Q

Use of Fire Service powers by Police

A

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.

37
Q

Responsibilities of the POLICE fire investigation liaison officer (FILO)

ACAMAE

A
  • 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
38
Q

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

A

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
39
Q

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

A

A minimum of two

40
Q

Fire service investigation liaison officers (FSILO) responsibilities:

A
  • Arranging fire service specialist fire investigator attendance where requested by police
  • Establishing and maintaining effective working relationships with FILO’s
41
Q

Fire scene control, notification and handover stages

A

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.

42
Q

Police responsibility under the Fire investigation protocol

A
  • 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
43
Q

What 7 Hazards are the main cause of injury ?

A
  • 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
44
Q

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

A

Helmet

Overalls

Nose & mouth filet, respirator or BA

Gloves

Safety glasses

Heavy duty footwear, steel toes and soles

45
Q

Four main building materials

A

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

46
Q

Common methods of lighting fire

A

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
47
Q

Who should determine if a fire is suspicious or arson etc

A

Specialist Fire investigator

48
Q

Initial Action Procedure (non explosive)

A

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)

49
Q

Steps when preserving A fire scene

A

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
50
Q

Steps for examination (not critical)

A

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

51
Q

Conferences assist with:

A

AREIP

Assessing information obtained
Reconstructing 
Establishing possible motives
Identifying suspects
Planning further enquiries
52
Q

When are conferences held and who runs them ?

A

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

53
Q

12 Steps of suspect enquires (no explosives)

A

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
54
Q

You may ID suspects by means of:

A

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

55
Q

Possible suspects of a fire may include:

A

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

56
Q

Information to be obtained for any suspect

A

FACDP

Full particulars
Criminal histories 
Associates
Photograph
Details of any vehicles they have access too
57
Q

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

A

COMMC

Connection with the scene 
Opportunity 
Motive
Men’s rea 
Character, mental background, history, movements and behavior
58
Q

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

A

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
59
Q

Steps when dealing with Fires involving explosives

A

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

60
Q

Characteristics caused by explosives include

A

CPOSSS

Cratering
Spread of debris
Shredding of materials
Peculiar smell (almonds)
Overlay of dust 
Shrapnel marks
61
Q

Explosions - What to look for:

A

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)
62
Q

To be guilty of an attempt a person must

A

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

63
Q

Dummy card

A

Dummy

64
Q

Dummy card 2

A

Dummy 2

65
Q

272

A

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

66
Q

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

A
  • 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
67
Q

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

A
  • 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
68
Q

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

A

HAPI

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

69
Q

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

A

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
70
Q

5 Examples of carelessness that might result in a fire

A

MIBUS W

Misusing electricity
Ironing
Burning rubbish, paint
Using camp fires 
Setting off fireworks
Wrapping live ashes in paper
71
Q

The best rule to employ when assessing structure damage before entering

A

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

72
Q

The most common manner of setting a fire is

A

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

73
Q

Faults can occur in

A

CHATGD

Chimneys and Flues
Heating systems
Appliances
TV left on standby
Gas pipes and fittings
Dust Extractors
74
Q

Nature fire causes

A

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

75
Q

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

A

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
76
Q

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

A

FERP FEEBIP

FILO
ESR scientist
Rural Fire investigator 
Photographer
Fingerprint technician
Explosives inspector
Building inspector
Insurance assessor
Pathologist
77
Q

When conducting an external examination what do you take into account

A

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

78
Q

What should you look for in a preliminary internal examination

A

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
79
Q

What should you look for when completing a detailed internal examination

A

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
80
Q

What are some signs a fire has been deliberately lit

A 
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
81
Q

Common electrical ignition sources and techniques

A

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

CIB Modules September 2019 (4 decks)

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