Arson - definitions/Police Manual excerpts

Question 1

Fire

Answer 1

Process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements – Fuel, oxygen and heat – must be present in the correct proportion

Question 2

Attempted arson

Answer 2

Section 268 CA61

Everyone is liable to imprisonment for a term not exceeding 10 years who attempt to commit arson respect of any immovable property, Or any vehicle, ship or aircraft

Question 3

Attempt legislation

Answer 3

Section 72 CA61

(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 intent to commit the offence intended, whether in the circumstances it was possible to commit the offence or not

Question 4

Proof of attempt

Answer 4

Must prove that:

– The defendant intended to commit the offence and Acted as They did for the purpose of achieving that Aim

– Must have progressed past the stage of preparation and commence the process intended to lead to the commission of the full offence.

– the conduct must be sufficiently proximate to the offence, taking a real and substantial step towards achieving that aim although they do not need to have taken all the necessary steps to do so

Question 5

Difference between proving a charge of arson and attempted arson

Answer 5

Arson you must prove that the act was done intentionally or recklessly (that is, done knowing that a certain result was probable and being reckless as to the consequences), where in Attempted arson you must prove that there was a specific intent to commit arson.

Question 6

Three exemptions to the general rule that it is not an offence to damage your own property by fire

Answer 6

1. When you intend to cause loss to someone else as a result of the fire (i.e defraud insurance company)
2. When you know or ought to know that danger to life is likely to ensue
3. When you know that any of the property mentioned in Section 267(1) is likely to catch fire or be damaged as a consequence of your act (for example endangering your neighbour’s house)

Question 7

Definition of Property

Answer 7

Property S2 CA61

Any real or personal property, or any estate or interest in any real or personal property, money, electricity and any debt, any thing in action, and any other right or interest.

Question 8

Difference between a gas explosion and someone setting explosives

Answer 8

Explosions caused by gas generally cover a wider area than those cause by explosives, and they do not leave a crater.

Lighter than air gasses such as hydrogen will create an outward blow at the top of a wall, where as heavier than air gases blow out at the bottom of the wall

Question 9

R v Wilson

Answer 9

Relates to no liability under S267(1)(b) due to tenancy being sufficient to prove an interest in property

It is well established a tenancy is an interest in land, where as here the Crown alleges that damage by fire has been caused recklessly and the person charged is a tenant of the property (or holds a qualifying interest) then, in the absence of any of the aggravating features, that person cannot be convicted of arson.

Question 10

Definition of ‘Benefit’ under Section 267(4) CA 1961

Answer 10

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

Question 11

Two intents for Section 267(1)(c)

Answer 11

• With intent to obtain any benefit

- With intent to cause loss to any other person

Question 12

At the conclusion of the examination, the fire service will be able to determine…

Answer 12

• The area of origin
• The point of origin
• The seat of the fire

Question 13

Fire Service notifying Police

Answer 13

The fire service will notify the Police if:

• a fire results in a serious injury or death
• a fire is considered suspicious

Question 14

Proving non-arrestable offences under Section 88, Fire Servie 1975

Answer 14

Need to prove identity of the defendant and that they:

– Unlawfully interfered with fire alarm (88(1)(d)); or

– Knowingly covered up, enclosed or concealed any hydrant so as to make its position difficult to ascertain (88(1)(e)); or

– Knowingly obliterated or removed any mark, sign or letter used to indicate the position of, or to distinguish, any hydrant (88(1)(f)); or

– with intent to deceive, impersonated a member of the fire service or member of a volunteer Fire Brigade or defence fire Brigade or industrial fire Brigade (88(1)(d))

Question 15

Powers relating to Interfering with fire alarms offences

Answer 15

As the penalty is a fine only, there is no power of arrest for the offences in section 88(1)(d) to 88(1)(g). Summons under the criminal proceedings act 2011

Question 16

Proving arrestable offences under Section 88 Fire Service Act 1975

Answer 16

Need to prove identity of the defendant and that they:

– Resisted, deceived or knowingly obstructed the commission or any person in the exercise or attempted exercise of any power, or performance or attempted performance of any function or duty, conferred or imposed by this Act (88(1)(a)); or

– Unlawfully interfered with any equipment at, or in the vicinity of, a fire, suspected fire or other emergency (88(1)(b)); or

– Knowingly gave, or cause to be given, any false alarm of fire (88(1)(c))

Question 17

Powers relating to Resisting or obstructing the commission

Answer 17

The penalty includes imprisonment under section 88(1)(a) to (c) of the fire service act 1975 and you can arrest without warrant under section 88(2) of that act

Question 18

Section 28 of the Fire Service Act

Answer 18

A PERV

E - ENTER private premises when it is on fire or endangered, or when entry is essential to performing necessary duites

R - Close ROADS

V - Remove VEHICLES impeding the Fire Service. If necessary, they can break into the vehicles for that purpose

P - Remove PEOPLE who are in danger or interfering with operations, using reasonable force if necessary

A - do ANYTHING else that is reasonably necessary for the protection of life and property

Question 19

Doing dangerous act with intent

Answer 19

Section 198(1)(b)&(c) & (2) CA61

198(1)(b)&(c)
You must prove the identity of the defendant(s) and that they:

– Sent or delivered to any person, or put in any place, any explosive or injurious substance or device (198(1)(b); or

– Set fire to any property 198(1)(c);

AND

• with intent to do grevious bodily harm

198(2)
You must prove the identity of the defendant(s) and that they:

– With intent to injure, or

– with reckless disregard for the safety of others,

– Did any of the acts referred to in section 198(1)

Question 20

Fire investigation liaison officers responsibilities

Answer 20

– Arranging police attendance at four scenes where required

– Assist in areas or distress with fire investigation related queries

– Attending every fire that result in serious injury or death

– Coordinating fire investigations in their designated area or district

– Cordinator on fire investigation training for any place employees within the area or district, where needed

– Ensure communication is maintained with the police national fire investigation Cordinator, place district intelligence manager and District manager criminal investigations, where appropriate

– Maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigator

– Providing other advice and expertise is required

Question 21

Specialist fire investigators

Answer 21

Specialist fire investigators will be called to attend and investigate:

– Fires where fatalities occur

– Fires where are serious (life threatening) fire related injury has occurred

– Fires in buildings where built in fire safety features have failed, or not perform to known or expected standards

– Significant fire spread across a property Boundary

– Structure fires were the cause is suspicious or cannot be determined

– structure fires of third 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

A minimum of two specialist investigators will be called to attend and support an investigation, where any firelighters fatality or life-threatening injury has occurred

Question 22

Four specific matters where the fire service specialist fire investigator liase with the desginated Police fire investigation liaison officer or other member of Police

Answer 22

• Handover of the scene
• access to the fire scene
• process for examination and investigation
• identification and colletion of evidence at the fire scene

Question 23

The Police responsibilities at the fire scene examination

Answer 23

The Police Must:

• conduct the criminal investigation or coronial enquiry
• undertake responsibility for the protection, collection and recording of exhibits

The collection and removal of material from a fire crime scene will only be done by Police or other agencies with the authority to remove evidence

The preservation, analysis and subsequent disposition of any such material is the responsibility of the Police or other agency

Question 24

Fire scene safety – clothing protection

Answer 24

– A suitable helmet (that complies with the relevant safety standard)

– safety glasses

– nose and mouth filter, eyeful face respirator or full BA (if required and qualified)

– Pair of overalls

– Gloves

– Heavy duty footwear with still soles and toecaps

Question 25

Effects of fire on material

Answer 25

Timber:
This will burn and char but in most instances will, if members are thick enough, maintain sufficient integrity

Steele:
In the Initial stages of fire, Unprotected Steele will expand and can cause external and internal walls to be pushed out. However, If there is sufficient fuel available, the unprotected Steele will lose strength and collapse, pulling walls inwards.

Concrete:
The most unpredictable as it can be affected by extremely low fire temperatures, and top or like a deck of cards, in all directions. When subjected to fire, concrete can breakaway at the surface (spalling), and steel reinforcing maybe exposed to sufficient heat to lose its tensile strength

Masonry:
Masonry and brick structures can be weakened by deterioration of the mortar, expansion of the wall or damage to supporting or connected structural members. Visual signs of damage or weakness include cracking, leaning or bowing or collapse of supporting floors or roof frames

Question 26

Common methods of setting fires

Answer 26

• candles
• chemical lighters
• electrical apparatus
• electric matches
• matches and cigarettes
• Molotov cocktails
• readily available combustible material (rubbish)
• timing devices
• trailers

Question 26

Evidence - Candles

Answer 26

Traces of wax or pieces of wick.

Question 28

Evidence - Chemical igniters

Answer 28

Potassium permanganate, sugar and glycerine - The mixture leaves a greenish, Coca-Cola like residue. If it is dampened, it may show the purple that is characteristic of condys crystals. Some traces of the container should remain and a trip mechanism maybe found.

Potassium chlorate, sugar and sulphuric acid (fire fudge) - The mixer Reacts faster, almost instantaneously and is therefore more likely to be used with a timing device.

Sometimes magnesium or aluminium powder is added to increase the heat. The mixture is then dampened, mould is in a clay flower pot which may lead to be found at the scene (and inverted). This igniter will produce enough heat to burn through metal.

Question 29

Evidence - electrical apparatus

Answer 29

Appliances are left on in circumstances that will cause a fire. The appliance will later be found and an electrical inspector should be able to trace the wires back through the circuit to confirm that it was on.

Examples:
– A bar heater turned to face a wall or item of furniture

– An iron left flat on the surface

– A pop-up toaster with the lever tied down so that material left inside will ignite

– A pan of fat for flammable liquid left on the stove; or a vat of fat in a fish and chip shop

Question 29

Evidence - Electric matches

Answer 29

And electric match is a kind of commercial igniter designed to ignite a fast burning fuse. Similar to an electric detonator and maybe wired into an electric circuit in the same way.

Question 31

Evidence - matches and cigarette

Answer 31

Remnants of the box or book of matches, or the cigarette filter, may remain is evidence

Question 32

Evidence - molotov cocktail

Answer 32

– Case of chemical ignition, traces of the tape used to attach the chemicals to the side of the bottle, or the type of burn characteristic of sulphuric acid. This burn can be identified by chemical analysis

– Evidence of liquid flying down walls and under doors and furniture

– Evidence of rubber bands, egg white residue, gelatine or similar substances stuck to flooring or walls
– Pieces of bottle glass, either scattered or in one place. If the bottle does not break on impact, it will fall apart with the heat as the cocktail burns, and be found at the seat of the fire

– Pieces of window glass from the cocktails entry

– Traces of the wick, often in the broken neck of the bottle

Question 33

Evidence – Timing devices

Answer 33

Traces of acid burn and remnants of the trigger mechanism may indicate the use of this mixture. However, the heat produced is likely to completely consume the container, and the residue is difficult to detect without ESR analysis

Question 34

Evidence – trailers

Answer 34

Trailers, such as rags soaked in kerosene, are laid from an ignition source to the site of the intended fire. They may live traces, such as scorch marks on carpet or burnt vegetation

Question 35

Examples of carelessness that could result in a fire

Answer 35

• burning off paint
• burning rubbish
• children playing with matches, cigarette lighters
• ironing
• leaving clothes near heating
• leaving a stove or heater on
• leaving fat unattended while cooking
• misusing electricity
• setting off fireworks
• smoking
• using domestic or camp fires
• using or storing flammable materials
• vagrants lighting fires
• welding and other industrial processes
• wrapping up live ashes in paper

Question 36

Examples of electrical faults that can cause fires

Answer 36

– Appliances

– Broken powerlines

– Chimneys and flues

– Dust extractors

– electrical wiring, shorting and arcing

– fans and ventilation and systems

– Gas pipes and fittings

– Heating systems

– Machinery, fraction can cause overheating

– Televisions left on standby mode

Question 37

Natural causes of fire and examples

Answer 37

By any combination of fuel, heat source and air.

Factors include:

• Chemical reactions
• the sun’s rays
• lighting
• static electricity
• rodents eating through wires, or building nests out of flammable material
• Spontaneous combustion and iginition of (i.e damp grains, hay or wool, cloth soaked in oil, turpetine or paint, fine dust in joinery factories or flour mills

Question 38

Building explosives – case law

Answer 38

R v Hallam

On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance

Question 39

Proving recklessness

Answer 39

Must be proved:

– that the defendant consciously and deliberately ran a risk (a subjective test)

– That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test – based on whether a reasonable person would have taken the risk)

Question 39

Providing explosives to commit an offence

Answer 39

Section 272 CA61

Everyone is liable to a term of imprisonment not exceeding two years who knowingly has in his or her possession or makes any explosive substance, dangerous engine, instrument or thing, with intent to enable another person to use the substance, dangerous engine, instrument, or thing to commit an offence

Question 41

Providing Explosives or other dangerous item to commit crime

Answer 41

Section 272 CA61

You must prove the identity of the defendant(s) and that they knowingly:

• Had in their possession or made 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

Question 42

Intentional damage

Answer 42

Section 269 CA61

(1) everyone is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result
(2) everyone is liable to imprisonment for item not exceed in 7 years who –
(a) intentionally or recklessly, and without claim of of right, destroys or damages any property in which that person has no interest; or
(b) intentionally or recklessly and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person
(3) everyone is liable to imprisonment for a term not exceeding seven years who intentionally destroys or damages any property with reckless disregard for the safety of any other property