Arson-Danger to Life Flashcards
Arson-Danger to Life
Arson-Danger to Life
Section 267(1)(a) Crimes Act 1961
Intentionally or recklessly
(R v Collister, Cameron v R and R v Tipple)
Damages by fire or damages by means of any explosive
(R v Archer)
Any property
Defined
If he or she knows or ought to know that danger to life is likely to ensue
(Subjective and objective tests)
(R v Smith)
Arson (Vehicle/Immovable Property-No interest)
Arson (Vehicle/Immovable Property-No interest)
Section 267(1)(b) Crimes Act 1961
Intentionally or recklessly
(R v Collister, Cameron v R and R v Tipple)
Without claim of right
(R v Wilson defence for tenancy)
Damages by fire or damages by means of any explosive
(R v Archer)
Any immovable property or vehicle or ship or aircraft
In which that person has no interest
Arson (Cause loss/obtain benefit)
Arson (Cause loss/obtain benefit)
Section 267(1)(c) Crimes Act 1961
Intentionally
(R v Collister)
Damages by fire or damages by means of any explosive
(R v Archer)
Any immovable property or any vehicle or ship or aircraft
With Intent
(R v Collister)
To obtain any benefit or cause loss to any other person (Loss-R v Morley)
Intentionally definition
Intention to commit the act.
Intention to obtain a specific result.
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include:
The offenders words and actions before, during and after the event
The surrounding circumstances
The nature of the act itself
Cameron v R
Recklessness is established if:
(a) The defendant recognised there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed;
(b) Having regard to that risk those actions were unreasonable.
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it maybe said that it requires “a deliberate decision to run the risk.”
Recklessness defined
Recklessness is the conscious and deliberate taking of an unjustified risk.
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.
R v Morley
“Loss….is assessed by the extent to which the complainants position prior to the [offence] has been diminished or impaired.”
Property defined
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
Subjective test
Objective test
Sub-Offenders intent, or knowledge at the time. Did they know human life was likely to be endangered? If unable to be proved the objective test still applies.
Ob-Would a reasonable person have recognised the risk above?
Arson (no interest, any property)
Section 267(2)(a) Crimes Act 1961
7 years
Intentionally or recklessly
R v Collister, Cameron v R and R v Tipple
And without claim of right
Defined and R v Wilson
Damages by fire or by means of any explosive
Defined and R v Archer
Any property
Defined
In which that person has no interest (other than property referred to in subsection 1)
R v Wilson
Arson (any property with intent to obtain any benefit or cause loss)
Section 267(2)(b) Crimes Act 1961
7 years
Intentionally or recklessly
R v Collister, Cameron v R and R v Tipple
Damages by fire or by means of any explosive
Defined and R v Archer
Any property
(Other than property referred to in subsection 1) Defined
With intent to obtain any benefit or
with intent to cause loss to any person
Defined and R v Collister
Arson (eg own property)
Section 267(3) Crimes Act 1961
5 years
Intentionally or recklessly
Defined, R v Collister, Cameron v R and R v Tipple
Damages by fire or by means of any explosive
Defined and R v Archer
Any property
Defined
With reckless disregard for the safety of any other property
Defined, Cameron v R and R v Tipple
Attempted Arson
Section 268 Crimes Act 1961
10 years
Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any ship or any vehicle, ship or aircraft.
Attempts
To be guilty of an attempt to commit an offence a person must:
Intend to commit the offence, and
take a real and substantial step towards achieving that aim.
(1) Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
R v Harpur
“[The Court] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done…is always relevant, though not determinative.”
Intentional Damage (Danger to life)
Section 269(1) Crimes Act 1961
10 years
Intentionally or recklessly
Defined, R v Collister, Cameron v R and R v Tipple
Destroys or damages
Any property
Defined
If he or she knows or ought to know that danger to life is likely to result.
Intentional Damage (No interest)
Section 269(2)(a) Crimes Act 1961
7 years
Intentionally or recklessly
Defined, R v Collister, Cameron v R and R v Tipple
And without claim of right
Defined and R v Wilson
Destroys or damages
Any property
Defined
In which that person has no interest
R v Wilson
Intentional Damage (Obtain benefit/Cause loss)
Section 269(2)(b) Crimes Act 1961
7 years
Intentionally or recklessly
Defined, R v Collister, Cameron v R and R v Tipple
And without claim of right
Defined and R v Wilson
Destroys or damages
Any property
Defined
With intent to obtain any benefit
Defined and R v Collister
Or
With intent to cause loss to any other person
Defined and R v Collister
Powers and duties (while the fire is being fought)
All Police must co-operate with the person in charge of the fire service at a fire, suspected fire or other emergency (Sec 32 Fire Service Act 1975).
The person in charge of the Fire Service at a fire is charged with the direction of operations (Sec 28 Fire Service Act 1975). These powers confer the right to:
Enter private property when it is on fire or endangered.
Close roads.
Remove vehicles impeding the Fire Service.
Remove people who are in danger or interfering with operations.
Do anything else that is reasonably necessary for the protection of life and property.
Police may exercise the above powers if called upon to do so by the Fire Service member in charge of the fire. But have no right to exercise these powers simply because they are present at the fire.
When Police are notified by fire service
The fire service will notify the Police if:
A fire results in serious injury or death.
A fire is considered suspicious.
Fire investigation protocol-FENZ and Police MOU
Fire Service and Police-MOU
Both agencies want to ensure that in determining the origin and cause of fires:
Investigations of fire scenes by the Fire Service and the Police are efficiently coordinated, expertly and independently conducted; and
Any relevant evidence is protected and collected for potential criminal prosecutions coronial enquiries.
Fire Investigation Liaison Officers (FILOs)
FILO -Police held positions
FILOs have responsibility for:
Attending every serious injury or fatal fire.
Co-ordinating fire investigations in their designated area or district.
Arranging Police attendance at fire scenes where required.
Maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators.
Assisting areas or districts with fire investigation related queries.
Ensure communication is maintained with the Police National Fire Investigation Co-ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate.
Co-ordinating fire investigation training for any Police employees within the area or district where needed.
Providing other advice and expertise as required.
Specialist Fire Investigators
Specialist Fire Investigators will be called to attend and investigate:
Fires where fatalities or serious injuries occur.
Structure fires where cause is suspicious or cannot be determined.
Significant fire spread across a property boundary.
Fires in buildings where built in fire safety measures have failed, or not performed to known or expected standards.
Structure fires of 3rd alarm equivalent (at least six appliance) or greater, that may have a significant regional or national consequence.
Any other fire, upon request from Police or another agency.
Fire scene examination and investigation (after fire extinguished)
The Specialist Fire Investigator will liaise with the designated Fire Investigation Liaison Officer (where applicable) or other member of Police in relation to these matters:
Handover of the fire scene.
Access to the fire scene.
Process for examination and investigation.
Identification and collection of evidence at the fire scene.
Police responsibility
The Police must:
Conduct the criminal investigation or coronial enquiry.
Undertake responsibility for the protection, collection and recording of forensic evidence.
Common methods of setting fires
Candles
Chemical igniters such as:
Potassium permanganate, sugar and glycerine.
Potassium chlorate, sugar and sulphuric acid (Fire Fudge)
Electrical apparatus such as:
Bar heater facing combustible material.
Iron left flat on a surface.
A pop up toaster with lever tied down so material inside will ignite.
A pan of fat or flammable liquid left on the stove, or a vat of fat in a fish and chip shop.
Electric matches
Matches and cigarette
Molotov cocktails
Timing devices
Trailers
Non intentional causes of fire (carelessness)
Misuse of electricity.
Children playing with matches or cigarette lighters.
Burning off with paint.
Vagrants lighting fires for warmth, that get out of control.
Welding and other industrial processes.
Leaving clothes near heating.
Wrapping up live ashes in paper.
Ironing.
Setting off fireworks.
Using or storing flammable materials.
Burning rubbish.
Using domestic and camp fires.
Leaving a stove or heater on.
Leaving fat unattended while cooking.
Smoking.
Non-intentional causes of fire (faults)
Chimneys and flues.
Heating systems.
Appliances.
Televisions left on standby mode.
Dust extractors.
Fans and ventilation systems.
Electrical wiring-shorting and arcing.
Machinery-friction can cause overheating.
Gas pipes and fittings.
Broken power lines.
Non-intentional causes of fire (nature)
Chemical reactions.
The sun’s rays.
Lightning.
Static electricity.
Rodents eating through wiring, or building nests out of flammable material.
Spontaneous combustion and ignition of, for example damp grain, hay or wool, cloth soaked in oil, turpentine or paint, fine dust in joinery factories or flour mills.
