Arson Module Flashcards
1
Q
Arson (Danger to life)
Act/Section and ingredients
A
S267(1)(a), CA 1961
Intentionally or Recklessly
Damages by fire or Damages by any means of explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
2
Q
Arson (No interest)
Act/section and ingredients
A
S 267(1)(b), CA 1961 Intentionally or Recklessly
And without claim of right
Damages by fire or Damages by any means of explosive
Any immovable property or any vehicle, ship or aircraft in which that person has no interest
3
Q
Arson (cause loss or obtain benefit)
Act/section and ingredients
A
S267(1)(c), CA1961
Intentionally
Damages by fire or Damages by any 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
4
Q
Define “intent”
A
Intent to commit the act and get a specific result.
5
Q
R v Collister
A
Circumstantial evidence in which an offenders intent may be inferred can include -
The offenders actions and words before, during and after the event.
The surrounding circumstances
The nature of the act itself
6
Q
Define “reckless”
A
Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
7
Q
Cameron v R
A
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about a proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
8
Q
Define “fire”
A
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
9
Q
R v Archer
A
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
10
Q
Define “property”
A
Property includes real or personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest
11
Q
Danger to Life
A
Life in this context means human life, and the danger must be to the life of someone other than the defendant
12
Q
Claim of right
A
A belief in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
13
Q
Define “vehicle”
A
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
14
Q
Define “ship”
A
Ship means every description of vessel used in navigation, however propelled.
15
Q
Define Aircraft
A
Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth.
16
Q
Define “obtain”
A
In relation to any person, means obtain or retain for himself or herself or for any other person.
17
Q
Define “benefit”
A
Means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
18
Q
R v Morley
A
Loss….. is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.
19
Q
R v Harpur
A
The Court may 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.
20
Q
Attempt
A
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
21
Q
Explosive
A
Means any substance or mixture capable of decomposition at such rapid rate that results in an explosion.
22
Q
Know or ought to know
A
The fact that the defendant knowingly puts another persons life at risk is the aggravating factor for 267(1).
23
Q
Semester and Brookbanks
A
Knowing is correctly believing. The defendant may believe something wrongly, but cannot know something that is false.
24
Q
Immovable property
A
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.
25
Causes loss
Financial detriment to the victim.
26
What to ask Fire Incident Controller (FA MASSIVE) (step 4 of initial action for Fires not involving explosives)
The state of the fire when Fire Service arrived
What appliances attended
Time and date of the call and the manner it was received
Alterations they have made to the scene i.e forced open doors/windows
What info they have about buildings security
Whether they think the fire is suspicious, and why
Their opinions of the informant
Details of people or vehicle acting suspiciously in the vicinity
What action they have taken, particularly in entering the building and ventilating the fire
27
Evidence of wilful causes of fire
| MOVIE MASTER
Multiple seats of fire
Signs that windows or skylights were opened to create a draught
Intentional removal of valuable property
Evidence of intentional interference i.e tampering with alarm/sprinkler system
Evidence of explosives
Misdirecting fire fighters
Evidence of accelerants i.e containers
Smell
Traces in debris
Signs that a heater, soldering iron or their electrical appliance has been left on
Unusual rapid spread or intensity of fire
28
Section 44 Fire and Emergency New Zealand Act 2017 (FENZ)
Enter private property when it is on fire or endangered, when entry is essential to performing a necessary duty
Close roads
Remove vehicles impeding the Fire Service. If necessary they can break into the vehicles for that purpose
Remove people who are a danger or interfering with operations, using reasonable force if necessary
Do anything else that is necessary for the protection of life and property
29
Conferences - (I REAP)
Conferences are held to assist with:
Identifying suspects
Reconstruction of the scene
Establishing possible motives
Assessing the information obtained
Planning further enquires
30
Who attends conferences
OC CIB, Fire Investigation Liaison Officer(FILO), OC Investigation, investigations officers, Specialists Fire Investigators (SFI), Scene Of Crime Officer (SOCO), Photographer
Form basis of scene examination and risk assessment. Must be documented and detailed plan of action completed and agreed upon, also includes timings and specific roles for all parties. Completed by FILO.
31
What to do after the conference (FECSS)
Advise the Fire Investigator
Appoint an Exhibits officer
Appoint a Crime scene coordinator (if required)
Appoint a Scribe
Appoint a Scene examiner
32
Guarding and controlling the scene
WOODPILE
Be vigilant and Watch for suspects
Locate witnesses among Onlookers and passerby
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
33
Fire scene contamination
To assist in scene preservation consider these points -
SCOPE - how much of the area needs to be preserved, eg single room, entire building, outside area
CORDON - identify the centre of the scene, tape off outside the most obvious evidence furthest away and in large scenes the natural boundaries could be used to dictate your zones
CAP - place plates but search the area where the plates will be placed before putting CAP on
34
Difference between a Gas explosion and an explosive that is set
Explosions caused by gas generally cover a wider area than those caused by explosive
Explosives cause cratering
Medical evidence - one or more of the suspects or victims may have inhaled gas prior to the explosion
35
External examination
Adjoining premises should reveal evidence of accelerant containers, attempts at forced entry, broken windows
Nearby alleyways, streets and driveways
The yards and outbuildings of the affected property
The periphery of the structure itself
What distance the debris was scattered
Affected property should reveal signs of jemmy marks, forced entries on doors, window glass broken before fire ignited
```
Surrounding areas should reveal BCAP,
Business appears to be struggling
Contents of outbuildings missing
Accelerant containers
Property run-down
```
36
Preliminary internal examination
| FOOL SURF
Take note of:
Forced entry into an empty till
Open filing cabinets or missing files
Owner/occupier attitude during walkthrough (if access is permitted)
Low stock
Signs of hardship
Separate unrelated seats of fire
Building areas in need of repair
Missing family photos, furniture And personal items
37
At the conclusion of the examination
| PAT
At the conclusion of the examination NZFS Fire Safety Officer or SFI will be able to determine -
Point of origin
Area of origin
The seat of the fire
38
Identifying the best method of protection
```
Consider -
An assessment of
- Inhalation of toxic substances
- ingestion of particles etc
- Infection 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
39
Characteristic damage caused by explosives
```
Look for -
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
```
40
Initial action fires not involving explosives
8 step process
1 - briefly interview your informant (do not overlook the fact that the informant may be the offender)
2 - secure and control the scene
3 - Initial interview of the Specialist Fire Investigator (SFI) if present, or O/C of the first fire appliance to attend the scene
4 - interview incident controller at the scene
5 - If fire is extinguished, ensure safety of the scene before an initial conference with SFI. Conduct prelim
6 - Regroup and hold a briefing conference if deemed suspicious
7 - Confer with other staff and determine a plan of action. Brief and deploy to - guard scene, identify and interview witnesses, conduct local enquiries
8 - Contact the Comms and provide SITREP. Ask for assistance if necessary, and the attendance of specialist - i.e photographer, fingerprint technician
41
Internal examination
Completed by the Fire Safety Officer (FSO), with you accompanying them. Take note and observe -
Smoke depositors and burn patterns
Soot deposits on window glass and craze patterns
Spalling (breaking/cracking in concrete)
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
42
Determining the seat of the fire
Witness reports
When they first noticed the fire, and where they were at the time
The state of the fire at the time
Wind direction/speed and weather conditions
The direction of the spread
The colour of the flames and smoke
The severity of the damage
The depth of charring
The presence of ‘starting devices’
The reports and opinion of the other specialists
43
People to interview at the scene
Fire fighters
Occupants and visitors
Employees including cleaners and casual staff
Owners
Neighbours
Spectators
Passerby
Ask about suspects and other people who have left the scene. Consider sourcing media footage to identify persons at the scene.
44
The Fire Service must notify Police and the relevant Fire Investigation coordinator when
The Fire results in serious injury or Death
The fire is considered suspicious
45
What are Specialist Fire Investigators (SFI) and their roles?
Employed by the Fire Service and called to attend when -
Fires where fatalities occur
Fires where serious (life threatening) injuries have occurred
Structure fires where the cause is suspicious or can not be determined
Significant fire spread across a property boundary
Fires in buildings where built-in fire safety features have failed, or not performed to know or expected standards
46
Police responsibility
The Police must -
Conduct the criminal investigation or coronial enquiry
Undertake responsibility for the protection, collection and recording of forensic evidence
47
What to get from Insurance companies
| VICOR
Contact the insurance company promptly to obtain the service of an assessor to:
Value the building and the damage particulars of the insurance in the premises
Information on former claims
Contents copies of their proposals
Over-insurance
Recent increase in the cover
48
Exhibits
| PUT
1. Photo and label the exhibits, and preserve them in containers
2. Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
3. Take these control samples:
Charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
Any accelerants found near the scene
Soot from the surrounding area
49
Initial action - fires involving explosives
1. Remember that there could be a secondary device anywhere at the scene, including in a nearby building or vehicle. Do not handle or interfere with anything unfamiliar
2. Do not use cellphones, portables or the likes.
3. Evacuate the scene to a distance of at least 100 metres.
4. If the IED is located, immediately obtain the assistance of an IED operator from the Department Of Labour.
5. Inform the National Bomb Data Centre at PNHQ.
6. Give the National Bomb Centre regular SITREPS
50
Linking suspect with the scene
Look for fingerprints and handwriting samples
IED operator may be able to identify the signature of the offender, often constructs explosives in a similar manner
Consider items from suspect’s home that may link him to the scene
Seek advice of an explosive expert before searching suspects home
51
Reconstructing the explosion
If unable to identify the explosive using scientific analysis consider reconstruction only:
Under supervision of the OC scene
At a suitable range or site
In condition as close as to those to the original explosion as possible
In close association with explosives and scientific advisors
As a scientific test
52
What to look for with fires involving explosives
Containers - pieces of devices container scattered a distance away from the centre
Non electric detonators - fragments
Safety fuses - burning will leave fuse in a limp state
Detonating cord
Igniter cord
Association items like wrappers and packing materials
53
Identifying the suspect
| FIRM RICE
Fingerprints
Information from informants and witnesses
Information from fire crews on people who regularly attend fires
Media response
Police resources i.e Intel, Youth aid etc
Enquiries at penal institutions, psychiatric hospitals, rehab centres and schools
The circumstances of the fire
54
Possible suspects
The owner or occupier for insurance fraud
An employee, to cover theft, forgery or false pretences
A criminal, to cover the traces of an offence or to intimidate other victims
An aggrieved person suffering from jealousy, hatred, rage etc
A pyromaniac suffering from mental illness
A pupil or ex-pupil (hate for schools)
A member of the Fire Service, for excitement or personal recognition
A business competitor, to disadvantage a rival
55
Search warrant at suspects address
Search the suspects clothing, residence, motor vehicle and in any other place where evidence may be found. Evidence could include:
Accelerants, containers, igniters, wick fabric, traces of debris from the scene
Photograph evidence in situ before it is seized
Ask for and note the suspects explanation regarding the evidence, be alert for signs that he has been in the fire scene like, burnt facial hair, smell of smoke (not cigarettes) residue of fuel or products of combustions in the skin
Ensure all exhibits seized, label and uplifted by OC exhibits
56
What to ask the owners
| SCAT
When the premises was last secured, and by whom
Whether he or she knows the cause of the fire
Actions leading up to the fire
Type of business
The details of any suspects and any insurance
57
Conducting area enquiries
Send staff to make general enquiries
Conduct prelim interview with the owner (SCAT)
Note owners demeanour during the interview
Complete interview and organise/obtain formal statements from owners, witnesses and informants
Give SITREP to supervisor
58
Section 42 FENZ Act 2017
Enter any land, building or structure
Break into any building or structure that may be on fire or otherwise endangered or that is near emergency
Take or send any equipment or machine required to be used into, through, or upon any land, building or structure
Remove from any land, building or structure that is on fire or otherwise endangered, or that is near emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure
Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part)
Cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.
59
Memorandum of understanding
Investigation of fire scenes are efficiently coordinated, and expertly and independently conducted
Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries
60
Fire scene safety
Due to the effects of fire, fire scenes may become unsafe during the post fire incident investigation, risk assessments must remain updated and reviewed to ensure staff safety
Investigators often find themselves -
- Searching through an unstable structure
- Excavating the scene to identify the cause of fire
61
Electrical fire
Early consultation with Fire Service staff not to isolate the supply but to turn off main switch to preserve evidence
Electrical indicators -
1. Flexible leads are very vulnerable and easily damaged, take great care
2. Note whether conduit or ductwork has been used. Check conduits for Arch melt
Where possible, locate the plug too connectors, try to maintain the total integrity of the lead from appliance to socket
Locate and plot all power outlets, light switches and light sockets. Check connection for tightness
62
Common electrical ignition sources and techniques
Heaters and clothing - clothes resting on or near bar radiator
Electrical lamp and petrol ignitors
Ignition of the main switch board wiring by using of a gas torch applied to the east or neutral bars
Fallen table or standard lamp in conjunction with combustible materials
Toaster with nearby curtains
Leaving a pot of stew on a stove element
Electric urns, bread makers, water heater, deep fryers and rice cookers - tampering with thermal safety cut out
63
Other considerations for Insurance Companies
Insurance will act as the owner of a claim has been made or cover is applicable
Private investigators must not be permitted access to the fire scene until Police and SFI have completed investigations.
64
Arson - 267(2) - (other property, no interest)
Crimes Act 1961, section 267(2)(a)
Intentionally or Recklessly
And without claim of right
Damages by fire OR damages by means of any explosive
Any property ,other than property listed in section 267(1), in which that person has no interest
65
Arson - 267(2) - (other property, obtain or cause loss)
Crimes Act 1961, section 267(2)(b)
Intentionally OR Recklessly
Damages by fire OR damages by means of any explosive
Any property, other than property listed in section 267(1),
With intent to obtain any benefit OR cause loss to any person
66
Arson (Disregard for safety)
Crimes Act 1961, section 267(3)
Intentionally
Damages by fire OR damages by means of any explosive
Any property
With reckless disregard for the safety of any other property
67
Attempted arson
Crimes Act 1961, section 268
A person
Attempts to commit arson
In respect of any immovable property or any vehicle, ship or aircraft
68
Intentional damage (danger to life)
Crimes Act 1961, section 269(1)
Intentionally OR recklessly
Destroys OR damages
Any property
If he or she knows or ought to know that danger to life is likely to ensue
69
Intentional damage (no interest)
Crimes Act 1961, section 269(2)(a)
Intentionally OR recklessly
And without claim of right
Destroys OR damages
Any property in which that person has no interest
70
Intentional damage (obtains benefit or cause loss)
Crimes Act 1962, section 269(2)(b)
Intentionally OR recklessly
And without claim of right
Destroys OR damages
Any property
With intent to obtain any benefit OR cause loss to any person
71
Intentional damage (disregard for safety)
Crimes Act 1961, section 269(3)
Intentionally
Destroys OR damages
Any property
With reckless disregard for the safety of any other person
72
Protective clothing that should be worn at a scene
Helmet
Nose and mouth filter
Overalls
Gloves
Footwear with steel soles and caps
73
What is the seat of fire?
The area where the main body of the fire is located
74
What is the point of origin?
Where the fire started
75
What is the area of origin?
Where the fire started
76
You can set fire to your own property unless?
There is danger to life, or it’s is to obtain a benefit or cause loss to any person
77
What is the difference between 267(1) and 267(2)?
The difference is property. Subsection 2 covers property of lesser value
78
Four beliefs to claim of right
Belief and a possessory or proprietary right in property
Belief and rights to property
Belief must be held at the time of the conduct
Belief must be actually held by the defendant
79
Fire scene risks - the four main building materials
Timber - burning and charring
Steel - will expand, lose its strength and collapse, pulling walls inwardly
Concrete - concrete can break away at the surface (spalling), and steel reinforcing may be exposed to sufficient heat to lose its tensile strength
Masonry - weakened by deterioration of the mortar
80
Common methods of setting fires
Candles
Chemical igniters
Electrical matches
Matches and cigarettes
Molotov cocktails
Timing devices
81
Non - intentional causes of fire
Carelessness fires
Faults fires
Nature fires
82
Carelessness fires
Misusing electricity
Children playing with lighters/cigarettes
Burning off paint
Leaving clothes on or near heaters
Iron left on
Fireworks
83
Fault fires
Broken power lines
Faulty gas pipes and fittings
Heating systems
Appliances
Television left on standby mode
84
Nature fires
Chemical reaction
Suns rays
Lightning
Static electricity
Rodents eating through wiring, or building nests out of flammable material
85
Where it is difficult to preserve the scene, investigators must record the scene, prior to demolition by:
Sketch’s
Photographs
Plans
Video recordings
86
What is a Fire Investigation Liaison Officers (FILO) and their role
Police have established a FILO position within each Police District
FILOs have responsibilities for -
Attending every fire that results in serious injury or death
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 (SFI)
Assisting areas or districts with fire investigation-related enquiries
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
87
What is a Fire Service Investigation Liaison Officer (FSILO) and their role
The Fire Service has designated an appropriate staff member with in each Fire Area to perform the role of Fire Service Investigation Liaison Officer (FSILO). They have the responsibility for:
Arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police
Establishing and maintaining effective working relationships with relevant Police Fire Investigation Liaison Officers (FILOs), in the respective Police district/areas
88
Providing explosive to commit an offence
S272, CA1961
Knowingly has in his or her possession OR makes
Any explosive substance or 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
89
What the Specialist Fire Investigator and Fire Investigation Liaison Officer discuss
Handover of the scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence at the fire scene
