Arson - CIB012 Flashcards
What to ask the fire incident controller at initial action.
9 points.
1- The state of the fire when the fire service arrived.
2- What appliances attended
3- Manner the call was received and date and time
4- Alterations they have made to the scene- forced open doors or windows
5- What info they have about the buildings security
6- If they think the fire is 1C and why
7- Their opinion of the informant
8- Details of the people or vehicles acting 1C in the area
9-what action they have taken, particularly in entering the building
Evidence of wilful causes of fire
- Multiple seats of fire
- Signs that windows or skylights were opened to create a draught
- intentional removal of valuable property
- evidence of intentional interference ie- tampering with alarm or sprinker
- evidence of explosives
- misdirecting fire fighthers
- evidence of accelerants
- smell
- traces in debris
- signs that a heater, soldering iron or other electrical appliances has been left on.
- unusual rapid spread or intensity of fire.
Under S28 of the Fire Service Act 1975 what powers are there and when can Police use these?
- S28(4)(b) enter private property when it is on fire or endangered.
- S28(4)(h) close roads
- S28(4)(I) remove vehicles impeding the fire service. if necessary break into the vehicle
- S28(4)(j) remove people who are a in danger or interfering with the operation using reasonable force if needed.
- S28(4)(n) do anything else that is necessary for the protection of life and property.
IMPORTANT NOTE:
Police may excise these powers only if called upon by a member of the fire service. Police have NO right to excise these just because they are present at a fire scene.
Conferences are held to assist with?
- ID suspects
- Reconstructing
- establishing possible motives
- Assessing the info obtained
- Planning further enquires
After the conferences what must be done?
- Appoint an OC exhibits
- Appoint a scene coordinator
- Advise the fire investigator
- appoint a scribe
- appoint a examiner
When guarding and controlling the scene what should you do?
- Be vigilant and watch for suspects
- Locate witnesses among onlookers and passersby
- Report all matters of significance to the O/C Investigation and/or scene coordinator
- Prevent further fire or damage
- Exclude and control onlookers, property owners and other interested parties
- Avoid interfering with the scene
- Prevent looting
- Preserve evidence
What was found in R v Mohan in relation to intent?
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.”
Define R v Archer
Property may be damaged if it suffers permanent or temporary physical harm, or permanent or temporary impairment to its use or value
What is the difference between a gas explosion and a explosive that is set?
Explosions caused by gas generally cover a wider area than those caused by explosives
Explosives cause cratering
Medical evidence – one or more of the suspects or victims may have inhaled gas prior to the explosion
The surrounding area of the involved premises if searched may reveal?
Accelerant containers
Businesses that appeared to be struggling
Contents of outbuildings missing
Property run-down
During the preliminary exam don’t be a FOOL and take note of indicators such as?
- Forced entry into an empty till
- Open filing cabinets or missing files
- Owner/occupier attitude during walkthrough
- Low Stock
- Signs of hardship
- Separate unrelated seats of fire
- Building areas in need of repair
- Missing family photos, furniture and personal items
Explain R v HARPUR in relation to an attempt?
An attempt includes an act or omission constituting a substantial step in a course of conduct planned in the commission of the crime.
At the end of scene exam the FSO or specialised fire investigator will be able to determine?
Area of origin
Point of origin
The seat of the fire
When identifying the best method of protection what you should consider and what step should you take to prevent issues?
Consider an assessment of
- Inhalation of toxic substances
- Ingestion of particles etc
- Injection from sharp objects
- Airborne dusts, particles etc
- Tripping on fire debris
- Items from above falling onto you
A strategy to prevent an occurrence or to mitigate its impact
Characteristic damage caused by explosives?
- Cratering
- Spread of debris
- Shredding of materials
- A smell peculiar to the exploded material i.e. smell of ‘almonds’
- An overlay of dust
- Shrapnel marks
What is the initial action with fire NOT involving explosives? What is the aim?
REMEMBER: Your aim is to coordinate the investigation and investigators using the NZFS to determine the origin and cause of the fire.
STEP 1 – Briefly interview your informant
STEP 2 – Secure and control the scene
STEP 3 – Initial interview of the Fire Safety Officer/ O/C of the first fire appliance to attend the scene
STEP 4 – Interview the incident controller at the scene
STEP 5 – If fire is extinguished, ensure safety of the scene before an initial conference
STEP 6 – Regroup and hold a briefing conference if deemed suspicious
STEP 7 – Confer with other staff and determine a plan of action
STEP 8 – Contact the comms room and supply a SITREP. Ask for assistance if necessary, and the attendance of specialists i.e. photographer, fingerprint technician
When doing a detailed internal examination with the FSO what you should note?
- Smoke deposits and burn patterns
- Soot deposits on window glass and craze patterns
- Spalling
- Damage to wall studs
- Damage to roofing timbers
- Damage to window sills and door edges
- Floor areas burned through
- Skirting board damage
- Under floor inspection
- Removal of fire debris
- Elimination of false low burns
What to consider when determining the seat of the fire?
- Witness reports
- When they first noticed the fire and where they were at the time
- State of the fire at that time
- Colour of the flames and smoke
- Reports and opinions of other specialists
- Presence of starting devices
- Wind direction, speed and the weather
- Severity of the damage
When should the Fire Service advise Police and the Fire investigation coordinator of the a fire?
If the fire is 1C or has resulted in death or serious injury
What the does the fire investigator do?
They will investigate
- Fire where fatalities or serious injury has occurred
- Structure fire where the cause is 1C or can not be determined
- Significant fire spread across a property boundary
- Building fire where safety features have failed or not preform to expected standard
What is the Police role at a fire?
- Conduct a criminal investigation or coronial enquiry
- Undertake responsibility for the protection, collection and recording of forensic evidence
What the process of exhibits?
1 - Photo, label and preserve them in containers
2 - use approved arson kits. if not available used suitable container such as unused 4L paint tin
3 - Take control samples of
-Charred timber, ashes or debris from the seat of the fire to compare with samples from other points
- Accelerants found near the scene
- Soil from the surrounding area
Explain R v HARNEY in relation to recklessness?
Reckless- R v Harney
- Recklessness involves consciously and deliberately taking an unjustifiable risk. It NZ it involves proof that the consequences could well happen together with an intent to continue the act regardless of the risk.
You should contact the insurance company to obtain what services?
- Value the building and the damage
- information on former claims
- Contents copies of their proposals
- Over insurance
- Recent increase in the cover
What is the initial action of a fire that DOES involve explosives?
1- There could be a secondary devices do not handle or interfere with anything unfamiliar
2- Do not use phones, portables or anything the same
3- Evacuate the scene up to at least 100metres
4- If IED if located contact an IED operator from the department of labour
5- Inform the National Bomb Data Centre at PNHQ and give them regular sitreps
How can suspects be ID?
- Fingerprints
- Info from informants and witnesses
- Info from fire crews about people who regularly attend fires
- Media response
- Police resources ( Intel, Youth aid)
- Circumstances of the fire
Who can be a suspect?
- Owner/occupier for insurance fraud
- Employee to cover theft
- Criminal to cover evidence of another offence or to intimidate other victims
- Person suffering from jealousy
- A pyromaniac suffering from mental illness
- Pupil or ex pupil
- Member of fire service for excitement or personal recognition
- Business competitor or disadvantage rival
What enquiries should be made with suspects of a fire that DOES NOT involve explosives?
1- ID the suspect
2- Investigate the suspect thoroughly according to priority
3- Consider surveillance
4- Make enquiries to ID motives, opportunity, connection with the scene and the offence
5- Execute a search warrant in the presence of the suspect
6- Interview on DVD covering elements of offences
7- Consider photomontage
8- Advise your NCO
9- Consider K9 of suspect
10- Complete 4C and prosecution file
11- Completed enquiries to confirm or disprove suspects explanation
What should you ask the owner?
- When the property was last secured and by who
- Whether they know the cause of the fire
- Action leading up to the fire
- Type of business
- Details of any suspects and any insurance
When conducting a prelim exam where should you start?
From the least damaged and work to the most damaged/seat of fire.
Who must you liaise with at the scene of the fire?
Fire Service incident controller or Fire safety officer (FSO)
A person can be held criminally liable for recklessness in which case?
If they knew or ought to know life or property was in danger or damaged.
The fire service specialist fire investigator will liaise with the Police in relation to 4 specific matter?
- Handover of the fire scene
- Access to the fire scene
- Process for the examination and investigation
- ID and collection of evidence at the fire scene
What are some examples of carelessness that might result in a fire?
- Misusing electricity
- Ironing
- Smoking
- Setting off fireworks
- Burning rubbish
- Leaving cloths near heaters
- Leaving stove or heater on
- Burning off paint
Materials used to start a fire?
- Molotov cocktails
- Candles
- Timing devices
- Matches and cigarettes
- Chemical lighters
To have fire you must have?
- Temperature
- Fuel
- Oxygen
Explain Arson S272 CA 61 plus the penalty?
A person is liable for a term of imprisonment not exceeding 2 years if they
- Knowingly have in their possession or makes any explosive substance, dangerous engine or thing with intent to use it or enable another person to use it in the commission of an offence.
Legally you are allowed to set fire to your own property unless you?
- Intend to cause loss to someone else
- Know or ought to know that danger to life was likely
- Knew that the fire would likely cause damage to someone else’s property
A couple divorce and the female remains in the family home with all her property. One night the male breaks in piles all her property on the lawn and sets fire to it. Totally destroying several thousands dollars worth of her property. There is no danger to any buildings.
What do you charge him with?
Arson- S267(2)(b) CA61
1- Intentionally
2- Damages by fire
3- Any property other an property described in S267(1)
4- With intent to cause loss to any person
Under what power can Police enter a building on fire?
S28(4)(b) Fire service act 1975
What 2 things are required to prove a charge of providing explosives?
Explain the case law R v HALLUM
R v Hallum
- The Court held that on a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substances in his possession and also that he knew it be an explosive substance
To prove a charge of attempted arson you must prove?
To be guilty of attempted arson the defendant must have past the stage of preparation and started a process intended to commit the full offence
You must prove:
-The ID of the defendant and
- That they attempted to commit arson in respect of any immovable property or any vehicle,
ship or aircraftt
Who are 3 people to interview at the scene?
- Informant
- FSO
- OC of first fire unit on scene
Guarding and controlling the scene
Why is it essential the scene is guarded and controlled?
To ensure the origin and cause of the fire is established
When must the scene be protected?
From the time fire or police arrive until the scene examination has been completed
What should you record after a scene exam conference?
- Record all decisions made and why
- Make a detailed plan of action including a risk assessment
When do fire hand over a scene to Police?
When the fire is extinguished and any threat to life or property no longer exists
When examining a scene of an explosive fire how do you do this and with who’s help?
- When the scene is safe, conduct a scene exam with video/photos
- Continually reconstruct
- Request attendance of experienced ECR worker for swabbing hand, materials at the scene, clothing and suspects
Explosives Include
- Gelignite
- Detonators
- Gun powder
What does the external exam take into account?
Adjoining premise often reveal
- accelerant container
- attempts at forced entry
- broken windows
- forced doors
What protective clothing must be worn?
Helmet Heavy duty footwear Overalls Gloves Safety glasses
Explain the elements of s268 and penalty?
Attempted arson 10yrs
- Attempts to commit arson in respect of any immovable property, ship, vehicle, aircraft
Who attends the conference?
OC CIB OC investigation Fire investigators Photography SOCO and crime prints
What may OC scene do to ensure early collection of explosives residue?
- Allow entry into scene by expert
- Create path to centre of explosion by laying clean unused stepping plates
- Have an ESR analyst start swabbing the area immediately working outwards from seat of the fire
Explain the subjective and objective test concerning “knows or ought to know danger to life was likely to ensue”
Subjective test:
What was the defendant thinking at the time? Did the defendant know danger to life was likely
Objective test:
What would a reasonable person have thought in the same circumstance? Would they have seen a risk to life at the time.
