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Arson Flashcards

1
Q

What is the Act, section and elements for Arson danger to life

A 
S267(1)(a) CA 61
Intentionally 
damages by fire or by means of explosive
any property 
knowing or ought know 
danger to life is likely
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2
Q

Define the term Reckless and case law

A

R V HARNEY,: Recklessness is the concious and deliberate undertaking of an unjustifiable risk. In NZ it involves the proof that the consequence could well have happened couple with an intention to continue the course of conduct regardless of the risk

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3
Q

What are the four specific matters the a FILO will talk with the designated Police oficer

A
  1. Hand over of the fire scene
  2. Access to the fire scene
  3. Process for examination and investigation
  4. identification and collection of evidence at the scene
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4
Q

In some circumstances you can set fire to your own property unless you, name two of these circumstances

A
  1. Intend to cause loss to someone as a result of the fire.
  2. know or ought to know that the fire will endanger life.
  3. Know that the fire is likely to destroy or damage someone elses property and a consequence.
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5
Q

Name four things that a fire specialist will consider when determining the seat of the fire

A
  1. Witnesses reports.
  2. When they first noticed the fire and where they were at the time
  3. The state of the fire at the time.
  4. wind direction and speed, weather,
  5. the colour of the flames and smoke,.
  6. severity of the damage caused.
  7. depth of charing,
  8. the presence of starting devices,
    9, reports and opinions of other specialists.
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6
Q

Name five examples of carelessness that might result in a fire:

A
  1. Misusing electricity.
  2. Children playing with matches, lighters etc.
  3. burning of paints,
  4. vagrants lighting fires,
  5. welding and other industrial processess,
  6. leaving clothes near heating,
  7. wrapping up live ashes in paper,
  8. ironing,
  9. setting of fireworks,
  10. using or storing of flammable materials,
  11. burning rubbish,
    12, using domestic or camp fires,
    13, leaving a stove on,
  12. leaving fat unattended while cooking,
    15, smoking
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7
Q

Name four items that could be used to start fires

A
  1. readily available combustible material IE rubbish,
  2. Molotov cocktails,
  3. candles,
  4. chemical igniters,
  5. timing devices,
  6. electric matches,
  7. electrical apparatus,
  8. matches and cigarettes.
  9. trailers
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8
Q

name three of the four Police responsibilities at a fire scene

A
  1. Conduct the criminal investigation or coronial enquiry.
  2. undertake responsibility for the protection, collection and recording of forensic evidence.
  3. The collection and removal of material from a fire crime scene will only be done by Police or other agencies with authority to remove evidence.
  4. The preservation, analysis and subsequent disposition of any such material is the responsibility of Police.
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9
Q

Name four powers conferred by section 42 of the Fire act

A
  1. enter any land, building or structure.
    2 Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency.
  2. taken or send any equipment or machine required to be used into, through or onto any land, building or structure.
  3. 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.
  4. Cause any building or structure that is on fire or endangered to be pulled down or shored up.
  5. Cause any building or structure to be pulled down or shored up at the time of emergency or within a reasonable time afterwards
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10
Q

Define intent

A

There are two types of intent:

  1. intent means that an act or ommision has been done deliberately, must be more then accidental or involuntary.
  2. Intent to produce a specific result
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11
Q

How to prove intent

A

it was found in R V COLLISTER that two police officers that were charged with demanding with menance that there intent was inferred in the surrounding circumstances.

Also to prove intent circumstantial evidence will assist IE:
1 the offenders actions before, during and after the event.
2. The surrounding circumstances.
3. the nature of the act itself.

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12
Q

Damages by fire and the relevant case law

A

Damages: must prove that the property has been damaged, fire damage will often be burning or charing however it can also include melting, blistering or paint or significant smoke damage,
in R V ARCHER it was found that property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Fire: Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. for a fire to start or continue each of the three elements must be present. and must be present in the correct proportions

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13
Q

Define property

A

As defined under section 2 of the CA 61 property includes the real and personal property and any cause or interest in any real or personal property, in a fire context only tangible property can be damaged by fire however there is exceptions to this, IE date which is Intangible can be damaged by fire it is store on a hard drive which is damaged by fire.

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14
Q

Act, Section and elements for arson where offender has no interest in property

A 
S267(1)(b) CA 61
Intentionally or recklessly
without claim of right
damages by fire or by means of explosive
any immovable property, or any vehicle, ship or aircraft
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15
Q

Define claim of right

A

Is a belief at the time of the act an honest belief in the proprietary or possessory right in the property to which the act is committed against.

firstly there must be a belief at the time of the act being committed that there is a possessory or propriartary right in relation to the act being committed against

Secondly the belief must be about the rights to the property that the offence is being committed against.

thirdly the belief must be at the time of the alleged conduct taking place.

fourthly the belief must actually be held by the defendant.

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16
Q

Immovable proeprty

A

property will be considered immovable if it is fixed in place IE buildings or forests, while some buildings can be moved this would be labour intensive so therefore even a relocatable building is considered to be immovable.

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17
Q

act and section and elements for arson with intent to obtain a benefit

A

S267(1)(c) Crimes Act 61
Intentionally
damages by fire or by means of explosive
any immovable property, or any vehicle or ship or aircraft
with intent to obtain any benefit. or to cause loss to any other person

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18
Q

define Obtain

A

in relation to any person means obtain or retain for himself or herself or for any other person

19
Q

Define benefit

A

means any benefit or pecuniary advantage, privilege, property, service or valuable consideration.

20
Q

Define causing loss and the relevant case law

A

Loss is not defined in statute however in most cases will involve financial loss in R V MORLEY loss is assessed by the extent to which the complainants posistion prior to the offence has been diminished or impaired.

21
Q

Define person in relation to Arson

A

Person includes the crown or any public body or any board, company etc, this means that if a police vehicle is damaged by arson then the Police would be defined as a Police under the wider definition of a person is a person.

22
Q

Act and section for attempted arson including elements

A 
Section 268 CA 61
Everyone 
who attempts
to commit arson
to any immovable property, vehicle, ship or plane
23
Q

Define sufficiently proximate and the relevant case law

A

The court will assess the defendants conduct at the relevant time in conjunction with evidence of his intent based on the circumstances and any steps taken leading up to that point.
The analysis will take into account the defendants actions leading up to the intended act IE are they present or going to the location for the act to be taken place, are they capable of commiting the act eg do they have the resources to carry out the act, enlawful entry onto a structure to commit the act, enticing the victim to the scene of the contemplated crime.

in R V HARNEY the court may have regard vieweed cumulatively up to the point when the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant although not determinative.

24
Q

Knowledge surrounding explosives

A

It must be proven the the defendant that is in possession of the explosives is aware that the item itslef is explosives. and know that it was in his possession.

25
Q

providing the explosive

A

It must be proved that defendant who has provided the explosive is aware the the explosive will be used by another person to commit and offence however it is not necessary to prove that the defendant is aware of the identity of the person committing that offence

26
Q

name four things that the fire service can do under section 28 of the fire act

A
  1. enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty.
  2. close roads,
  3. remove vehicles impeding the fire service, if necessary then break into vehicles for the purpose
  4. remove people who are in danger or interfering with operations and use reasonable force if necessary.
  5. do anything else that is reasonable necessary for the protection of life and property.
27
Q

Name four things that FILO’s have responsibility for

A
  1. Attending every fire that results in serious injury or death.
  2. co-ordinating fire investigations in their area or district.
  3. arrange police attendance at fire scens when required.
  4. maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigator.
  5. assisting areas or districts with fire investigation related inquiries.
  6. ensure communication is maintained with the Police national fire investigation co-ordinator, Police district intelligence manager and district manager criminal investigations.
  7. Co-ordinating fire investigation training for any police employees within the area, district or where needed.
  8. providing other advice and expertise as required.
28
Q

Name four times where a specialist fire investigator will be called to attend?

A
  1. Fires when fatalities occur.
  2. Fires where serious, life threatening injuries have occurred.
  3. structure fires where the cause is suspicious or cannot be determined.
  4. Fires in building where built in-fire safety features have failed or not performed to known standards.
  5. structure fires of 3rd alarm equivalent (at least 6 appliances) or greater that may have significant regional or nation consequence.
  6. Any other fire, upon request by Police or another agency.
29
Q

How many specialist investigators will attend in the event of death or serious injury

A

Two.

30
Q

list the steps for fire scene control, notification and handover

A
  1. Fire service has authority while the fire is in progress. Once risk is mitigated service must hand over to the appropriate agency.
  2. Fire service will notify Police if it believes it is deliberately lit or suspicious. and if there is a fatality or serious injury.
  3. When police attend the fire scene and seek authority they will confer with the incident controller to confirm the handover.
  4. The fire service will not handover the scene until the danger of fire, structural collapse, exposure to hazardess materials have bee identified, eliminated, isolated or minimised.
  5. For any fire scene involving multiple agencies, all agencies will talk to each other before any investigation or examination is to commence.
  6. The investigation plan will include an outline of how the investigation will proceed and the role of each agency.
31
Q

Name four injuries through hazards

A
  1. inhalation of toxic substances EG car fires emit particularly toxic and harmful gases.
  2. ingestion of particles.
  3. cuts/wounds from sharp objects.
  4. tripping on fire debris.
  5. falling down, over, onto or into any obstruction or cavities.
  6. items falling from above onto you or hitting objects and causing a chain reaction.
32
Q

Name four items o safety equipment

A
  1. A suitable helmet.
  2. A pair of overalls.
    3 Nose and mouth filter or a full face respirator of full BA
  3. Gloves.
  4. Safety glasses.
  5. Heavy duty footwear with steal soles and toe caps.
33
Q

Name four instances of carelessness when it comes to fire

A
  1. Misusing electricty
  2. Children playing with matches and lighters.
  3. burning off paint.
  4. Vagrants lighting fires for warmth.
  5. welding and other industrial processes.
  6. leaving clothes near heating.
  7. wrapping up live ashes in paper.
  8. ironing.
  9. setting of fireworks.
  10. using or storing flammable materials
  11. Burning Rubbish.
  12. using domestic or camp fires.
  13. leaving a stove or heater on.
  14. leaving fat unattended while cooking.
    15 smoking.
34
Q

Name four instances where faults can occur

A
  1. Chimneys and flues
  2. heating systems
  3. appliances.
  4. TV’s left on standby mode.
  5. dust extractors.
  6. fans and ventalation systems.
  7. electrical wiring-shorting or arching.
  8. machinery- friction can cause overheating.
  9. gas pipes or fittings.
  10. broke n power lines.
35
Q

name four instances where fire can occur in nature

A
  1. chemical reactions
  2. the suns rays.
  3. lightening.
  4. static electricity.
  5. rodents eating through wiring, or building nest out of flammable material.
  6. spontaneous combustion and ignition of, for example damp grain, hay or wool, cloth soaked in oil, turps fine dust in joinery factories or flour mills.
36
Q

outline the steps for initial action at a fire scene not involving explosives

A
  1. briefly interview the informant (may be the offender)
  2. Secure and control the scene
  3. initial interview of the: specialist fire investigator if present, OC of the first fire appliance to attend the scene.
  4. Interview the incident controller at the scene and find out:
    -the time and date of the call and the manner in which it was received
    - what appliances attended
    - the state of the fire when the fire service arrived.
    - what action the service has taken, particularly in entering the building and ventilating it after the fire.
    - what information the fire service has about the buildings security.
    - what alterations they have made to the scene, for example they may have had to force entry.
    - whether they think the fire is suspicious and why,
    - their opinions of the informant (for example, a person who regulary attends or reports fire may have lit them)
    - details of people or vehicles acting suspiciously in the vicinity.
  5. If the fire is extinguished, ensure the safety of the scene before an initial conference is held with the investigators and conduct
  6. if deemed suspicious then re-group and holding a briefing conference.
  7. Confer with other and determine a plan of action.
    8 contact COMMS centres and provide update.
37
Q

Name four types of persons you would interview

A
  1. the person who found the fire, raided the alarm and informed Police.
  2. fire fighters.
  3. occupants and their visitors
  4. employees including cleaners and casual staff.
  5. owners
  6. neighbouring
  7. spectators.
  8. passer-bys.
  9. local police.
  10. patrols.
  11. other police and security
  12. vendors and delivery people
  13. reporters and photographers.
38
Q

Name four things you would take into account for an enternal examination

A
  1. Adjourning premises which often revel:
    - accerlerant containers
    - attempts at forced entry
    - broken windows.
    - forced doors.
  2. nearby alleyways/streets/driveways
  3. the yards and outbuildings of the fire effected property
  4. the periphery of the structure itself.
  5. what distance debris was scattered, particulary if drums or cylinders have exploded.
39
Q

name four things to look for in an preliminary internal exam

A
  1. low stock levels in commercial premises
  2. building areas in need of repair.
  3. signs of hardship
  4. missing family photographs, furniture, personal items.
  5. lack of clothing in wardrobes and drawers.
  6. open filing cabinets or missing files.
  7. forced entry into an empty till
  8. presence of accelerant containers or trails.
  9. separate unrelated seats of fires.
  10. owner/occupier attitude during walk through (if access is permitted)
  11. unusual odours
  12. burn patterns
40
Q

name four things for a detailed internal examination

A
  1. smoke deposits and burn patterns.
  2. spalling ( the cracking or chipping of concrete as a result of being heated and cooled)
  3. damage to wall studs.
  4. damage to roofing timbers.
  5. damage to window glass and craze patterns
  6. floor areas burned through.
  7. skirting board damage.
  8. elimination of false low burns.
  9. removal of fire debris,
  10. under floor inspection.
41
Q

name four things that are evidence for accelerants

A
  1. Containers
  2. traces in debris.
  3. smell.
  4. unusually rapid spread or intensity of fire.
  5. uneven burning.
  6. burning under or behind boards where the liquid has run through the cracks.
  7. multiple seats of fire.
42
Q

Name four things for evidence of intentional interferance

A
  1. tampering with the alarm or sprinkler system
  2. hindering access.
  3. misdirecting firefighters.
  4. evidence of intentional removal of valuable proeprty or substitution of property.
  5. signs that furniture was rearranged to create a fire base.
  6. signs that windows and skylights were opened to create a draught.
  7. foreign material and objects, such as screws/batteries that might be part of a device.
  8. signs a crime has been committed, even a raised building may leave behind locks that could determine if a property was secure at the time.
  9. signs that a heater, soldering iron or other electrical device has been left on.
  10. inconsistencies( for example that the fire is rapid burning but no obvious cause.
  11. Unusual burn patterns or unusual time factors (Fire started after the building was secured.)
43
Q

when executing a SW name four things to consider

A
  1. Accelerants
  2. containers.
  3. igniters.
  4. wick fabric.
  5. traces of debris from the scene.
  6. photograph evidence in situ before it is seized
  7. ask for and note the suspects explanation regarding the evidence. be on alert that the suspect has been at the fire look for injuries, smell of smoke, burnt facial hair.
  8. issue a POL268.
  9. ensure all exhibits are seized are labbels, examined and uplifted by the exhibits officer.

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