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Arson > Arson > Flashcards

Arson Flashcards

1
Q

Section 267(1)(a)

A

Crimes Act 1961 14year IMP

  1. Intentionally or Recklessly
  2. Damages by fire or damages by explosives
  3. Any property
  4. If he or she knows or ought to know that danger to life likely ensue
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2
Q

Section 267(1)(b)

A

Crimes Act 1961 14 year IMP

  1. Inentionally or recklessly
  2. Without claim of right
  3. Damages by fire or exposives
  4. Any immovable property, vehicle, aircraft, ship which person has no interest in it.
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3
Q

Section 267(1)(c)

A

Crimes Act 1961 14year IMP

  1. Intentionally
  2. Damages by fire or explosives
  3. Any immovable property or ship, aircraft, vehicle.
  4. intent to to obtain befefit or cause loss to any person.
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4
Q

Section 267(2)(a)

A

Crimes ACT 1961 7year IMP

  1. Intentionally or Recklessly
  2. Without claim of right
  3. Damanages by Fire or explosives
  4. Any property not listed in (1) person has no interest.
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5
Q

Section 267(2)(b)

A

Crimes Act 1961 7 Year IMP

  1. intentionally or recklessly
  2. damages by fire or explosives
  3. Any property not listed in 1 person has no intesrest
  4. with intent to obtain benefir or cause loss to any person.
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6
Q

Definition of damages by fire

A

The fire will often involve burning or charring. it is not necessary that the property is actually set alight. melting, blistering of paint, significant of smokes will be sufficient.

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7
Q

Intent.

A

There are two specific types of intent.

  1. Intent to commit the act
  2. Intent to get a specific result.
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8
Q

Reckless

A
  1. Conscious and deliberate taking of an unjustified risk.
    R V Harney
    Reckless means conscious and deliberate taking of an unjustified risk. In NZ, it involves the proof that the consequences explained of could well happen with intention to continue the course of conduct regardless of risk.
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9
Q

R V Archer

A

Property damage might be temporary or permanent physical harm or temporary or permanent impairment of its use or value.

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10
Q

Property

A

Section 2 of CA 1961
Any real or personal property and any estate or interest in realy or personcal property. (Money or electricy), any debt or any thing in action and anything in interest or right.

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11
Q

Simester and brookbanks

A

Knowing and correctly believing.

Belief must be correct. If it is not correct, person can not know.

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12
Q

Immoval property

A

Property will be considered immovable if it is currently fixed in place and unable to be moved even if it is able to make it movable.

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13
Q

Definition of Explosives

A

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at, such rapid rate as to result in an explosion or of producing a pyotechcic effect.
Incluse, gun powder, gelignite, detonators
not include firearms, fireworks.

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14
Q

Definition of loss

A

R V Morley

Loss is assessed by the extent to which the complainanat’s position prior to (offence) has been diminished or impaired.

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15
Q

268 of Crimes ACT

A

Attempted arson

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16
Q

The Natural causes of fire

A
  1. Chemical reaction
  2. The sun’s rays
  3. Lightings
  4. Static electricity
  5. Rodents eating through wiring, or building nests out of flammable material
17
Q

The powers while the fire is being fought

A

Police present must co - operate with the person in charge of the fire service.

Fire service at a fire is charged with the direction

  1. enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty.
  2. Cloase roads.
  3. Remove vehicles impeding the fire service. if necessary, they an break into the vehicles for that purpose.
  4. DO anything else that is reasonably necessary for the protection of life and property.

Police may exercise those powers if called upon to do so by the fire service. Police DO NOT have right to exercise these powers simply because they are present at a fire.

18
Q

Fire intestigation liaison officers

A

Police have them in each district
Their responsibilities are :
1. Attending every fire that results in serious injury or death.
2. Co - ordinating fire investigations in their designated area or distrit
3. Arranging Police attendance at fire scenes where required.
4. Maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigation
5. Assisting areas or districts with fire investigation related queries
6. Ensure communication is maintained with the police national fire investigation co ordinator, Police district intelligence manager and district manager criminal investigations where appropriate
7. Co-ordinating fire investigation training for any Police employees within the area or district where needed.
8. Providing other advice and expetise as required.

19
Q

The responsibilities for fire service investigation liaison officers

A

Arranging fire service specialist fire investigator attendance at fire scenes where requested by police.
Establishing and maintaining effective working relationships with relevant police fire investigation liaison officers, in the respective police district.

20
Q

Fire scene control, notification and hand over

A
  1. The fire service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, fire service must hand over the scene of the fire to Police
  2. The fire service will notify Police if it considers that a fire may have been deliberately lit, or cause of fire is suspicious. They will also notify of incidents where fatalites or serious (life threatening injufy) occur.
  3. Where Police attend a fire scene and seek a authority over that fire scene, designated Police investigating officer will confer with the incident controller to confirm the hand over.
  4. The fire service will not normally hand over the scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire ralated hazzards have bben identified and eliminated , isolated or minimised.
  5. For any fire scene involving multiple agencies, each agencies will consult to develop an investigation plan.
  6. Investigation plan will include an outline of how the investigation will proceed the role of each agency.
21
Q

The responsibility of Police at a fire scene after the fire extinguished

A

Police must conduct the crimianl investigation or coronial enquiry
Undertake responsibility for the protection, collection and recording of forensic evidence.

22
Q

Initial action when dealign with fire not involving explosives

A
  1. Briefly interview the informant.
  2. Secure and cotrol the scene.
    3 initial interview of the specialist fire investigator and OC of the first fire appliance to attend the scene.
  3. Interview with the incident controller at the scene to find out : the time and date of the call and the manner in which it was received and what appliance attended and the state of the fire when the fire service arrived and what action the service has taken particularly in entering the building and ventilating after the fire and what information the fire service has about the building security
    what alterations they have made to the scene, (forced door etc)
    whether they think the fire is suspicious and why
    Their opinions of the informant
    details of people or vehicles acting suspiciously
  4. if the fire is extinguished, ensure the safety of the scene before an initial conference with SFI and Police and conduct prelim examination
  5. If suspicious, then re group and hold a briefing conference
  6. confer with other staff and determine a plan (Guard and control the scene, identify and interview witnesses conduct legal enquiries
  7. contact communication centre to give SITREP and ask for any assistance.
23
Q

preserving fire scene

A

Guarding and controlling the scene.
Scene security considerations for Police
Ensuring the scene is not interfered with
exlusion and control of on lookers, property owners and other interested parties
preserving evidence
preventing looting.

Attenting Police should also
- be aware of re ignition from hospots after the fire is extinguished
-be vigilant and watch ofr possible suspect
-identify any witnesses among onlookers and passers-by
-report all matters of significance to the OC or scene coordinator.
Fire scene contamination, scope, cordon, common path approach.

24
Q

if it is difficult to preserve the scene what to do?

A

Sketch, photos, plan and video recording.

25
Q

Suspect enquiries in respect of fire not involving explosies

A
  1. May identify suspects by eans of
    - Circumstance of the fire
    - fingerprints
    - Informationg from the informant.
    - Media response
    - Police resources such as intel
    - Enquiry at prisos, mental health hospital
    - info from the fire crews
  2. Possible suspect include:
    - Owner or occupier of the house for insurance fraud
    - an employee
    - Criminal to cover the traces of a crime such as burglary , homicide, intimidate victims
    - Person suffering from mental health.
    - School building (student or ex students)
    - business competitors.
  3. Investigate suspects thoroughly and according to priority. Obtain full details, ciminial histories, details of any car, details of associates and photograph
  4. consider surveillance.
  5. Complete enquiries to establish the suspect
    - Opportunity, motive, mens rea, connection with the scene and character , mental background, history
  6. Consider search warrant
  7. Interview the suspect
  8. consider an identification parade
  9. complte enquiries to corroborate or negates the suspect’s explanation
  10. Advise supervisor.
  11. Arrest the suspect
  12. prepare prosecution file.
26
Q

Common method of setting fire

A 
Mokolov Coctails
Candles
Electric matches
Match
Cigarettes
Trailer
27
Q

Protective clothing

A
  • Mouth and nose filter
  • A pair of overall
  • Gloves
  • heavy duty footwear
  • safety glassess
  • helmet.

Arson (1 decks)

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