Arson Flashcards
When must the fire service report a fire to police?
3
1) Serious injury
2) Death
3) Considered suspicious
What should you look for at a scene involving explosives?
6
1) Cratering
2) Smell of Almonds
3) Debris – Spread
4) Overlay of dust
5) Shredding of material
6) Shrapnel Marks
What enquiries should you carry out with insurance companies following a fire?
(5)
1) Previous claims
2) Details of claim - Particulars
3) Copies of policy
4) Value of premises
5) Increase in cover
Initial Action – First People to interview
3
1) Informant – maybe suspect/offender
2) Fire service inspector – or OC first fire appliance to attend
3) Incident controller
When speaking to the fire incident controller what must you ask them?
(9)
1) Call time – date – manner received
2) Which appliances attended
3) State of fire upon arrival
4) Action taken – entry/ventilation
5) Building security – how they got in?
6) Alterations to scene – forced windows
7) Suspicious – why?
8) Informant – opinions of informant
9) Suspicious person or vehicle in vicinity
Under which circumstance can a person be held criminally liable for recklessness with regards to fires?
(3)
1) If He or she Knows or ought to know that danger to life exists
2) When they have no interest in the property
3) If they know that fire is likely to damage or destroy someone else’s property
Reasons for guarding and controlling the scene?
8
(Fire extinguished) 1) Prevent looting 2) Prevent interference with the scene 3) Preserve exhibits 4) Exclude onlookers (Attending police) 1) Possible suspects 2) Witness – in crowd 3) Matters of significant 4) Hot spots – re-ignition
What 8 initial action steps must you take when dealing with fires not involving explosives?
(8)
1) Informant – Maybe offender
2) Scene – secure and control
3) Interview fire crew – inspector and attending officers
4) Interview incident controller
5) Safety of scene – fire extinguished/conference with fire inspector and police – prelim exam
6) Suspicious – hold briefing conference
7) Conference – plan of action
8) SITREP – Comm’s and Specialists
What should be done following a scene examination conference?
(3)
1) Record all decisions and why they were made
2) All considerations must be documented with a detailed Plan of Action completed that has been agreed upon.
3) A risk assessment must be documented and relayed to all persons present.
(Both Moral and legal obligation for the safety of all person at the scene)
With regard to fire scene safety, in order to identify the best method of protection, you must you consider?
An assessment of all hazards present at the scene.
Eg, inhaling toxic substances
Cuts / wounds on sharp objects
Tripping on fire debris
Objects falling from above
A strategy to prevent an occurrence from happening or mitigate its impact.
When preserving a fire scene, what THREE steps should be taken by a scene guard on arrival?
1) ID the centre of the scene
2) Set boundaries and tape off the scene, located most obvious evidence furthers away from the scene
3) In larger scenes natural boundaries could be used to dictate zones.
What is the legislation around providing explosives to commit an offence?
Providing explosives to commit an offence
Section 272 Crimes Act 1961
Not exceeding 2 years imprisonment
Knowingly has in his or her possession
Or makes any explosive substance
Or any 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
Definitions ‘Interest’?
Interest in not defined by legislation,
However the courts have held that tenancy of a property constitutes as an interest in it.
When conducting a prelim internal exam of a fire scene, where should you start?
The area of the least damage, working towards the area of the most damage
Definition: Intent?
In a criminal law context there are two specific types of intention in an offence.
1) Firstly there must be an intention to commit the act,
2) Secondly an intention to get a specific result.
What is a clean path method?
What is the clean path Method?
When a path is created to the centre of the scene by rolling clean unused rolls of plastic or using stepping plates
AND, having an analyst immediately start swabbing the area working outwards from the seat.
VERTICAL sheets of iron adjacent are often good sources of residue.
Why would a clean path method be used?
Why would it be used?
Used for explosive scenes as residues are often slight and dissipate rapidly.
OC Scene may need to authorise an expert to enter the centre of the scene before it has been fully examined.
Definition: And without claim of right
Sec 2 Crimes Act 1961
In relation to any act
Means a belief at the time of the act
In a proprietary and possessory right to property
In relation to which the alleged offence to have been committed
Although that belief may be based on ignorance
Or Mistake of fact
Or any matter of law
Other the enactment against which the
Offence is alleged to have been committed
Definition: Damages by Fire
‘R v Archer’
Although fire damage will often involve ‘burning or charring’
It is not necessary for the actual property to be set alight:
Melting/blistering of paint or significant smoke damage may be sufficient
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm ‘or’
Permanent or temporary impairment of its use or value.
Definition: Explosive
Sec 2 Arms Act 1983
Section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Included gun powder, gelignite, detonators.
DOES NOT include: Firearms and fireworks
Definition: Immovable property
Property that is currently fixed in place and unable to be moved,
Even though it may be possible to make it movable.
Definition: Property
Sec 2 Crimes Act 1961
Section 2 Crimes Act 1961
Property includes any real or personal property and,
Any estate or interest in any real or personal property,
Money, electricity and any debt,
And anything that is in action
And any other right or interest
Definition: Vehicle
Sec 2 LTA 1998
Vehicle:
Contrivance equipped with wheels, tracks and revolving runners on which it moves or is moved
Definition: Ship
Sec 2, Crimes Act 1961
Ship:
Vessel used in navigation, however propelled
Definition: Aircraft
Sec 2 Civil Aviation Act 1990
Aircraft:
Any machine that can derive support in the atmosphere from the reactions of air.
Definition: Ought to know that danger to life is likely to ensue
Life in this context means human life,
AND the danger must be to the life of someone other than the defendant.
Arson Sec 267(1)(a) Crimes Act 1961
Section 267 (1) (a) Crimes Act 1961
14 years Imprisonment
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any Property
- If He or She knows or ought to know danger to like is likely to ensure
Definition: Recklessly
Reckless means the conscious and deliberate taking of an unjustified risk.
In NZ it involves proof that the consequences complained of could have well happened,
Together with an intention to continue the course of conduct regardless of the risk.
R v Harney
Definition: If he or she knows
‘Simester & Brookbanks’
Knowing means knowing or correctly believing.
The belief must be a correct one, where the belief is wrong a person cannot know something.
Simester and Brookbanks ‘Principles of Criminal law’
Arson Sec 267(1)(b) Crimes Act 1961
Section 267 (1) (b) Crimes Act 1961
14 years Imprisonment
- Intentionally OR Recklessly
- And without claim of right
- Damages by fire OR Damages by means of explosive
- Any immovable property OR any vehicle, ship or Aircraft
- In which that person has no interest
Arson Sec 267(1)(c) Crimes Act 1961
Section 267 (1) (c) Crimes Act 1961
14 years Imprisonment
- Intentionally
- Damages by fire OR Damages by means of explosive
- Any immovable property OR vehicle OR ship OR Aircraft
- With intent to obtain any benefit OR cause loss to any other person
Definition: Obtain
Sec 217, Crimes Act 1961
Obtain
Means to obtain or retain for himself, herself or any other person
Sec 217, Crimes Act 1961
