Arson Module - Progress Tests Flashcards
When recklessness is an element in an offence, what 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)
What are examples of no and high social utility?
No social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.
High social utility: surgeon undertaking a risky but potentially lifesaving surgery.
What are some examples of damaging by fire?
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.
What is the difference between property under 267(1)(a), and property under paragraphs (b) and (c)?
Under 267(1)(a), the damage may be to ANY property. Matters such as the nature, value and ownership of the property are not relevant; it is the risk to another person’s life that raises the offending to the highest category of arson.
Paragraphs (b) and (c), deal only with property that is, in general, higher in value. It is the value of these items that raises the offending to the higher category.
Lower level property is dealt with in subsections (2) and (3) depending on the offender’s intent and the risk to other property.
What questions are asked regarding the subjective test within recklessness in 267(1)(a)?
What was the defendant thinking at the time?
Did the defendant know that human life was likely to be endangered?
What questions are asked regarding the objective test within recklessness?
What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?
What is the nature of belief required regarding claim of right?
- The belief in a proprietary or possessory right in property
- The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’
- Belief must be held at the time of the conduct
- The belief must actually be held by the defendant
What is outlined in Section 72(1) CA61?
Every one 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.
What is outlined in Section 72(2) CA61?
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.
What is outlined is Section 72(3) CA61?
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.
What does ‘sufficiently proximate’ mean in relation to attempts?
He must have taken a ‘real and practical step’ towards committing it, although he does not need to have taken all the necessary steps to do so.
What does the Court analyse when assessing proximity?
The defendant’s conduct at the relevant time, in conjunction with evidence of his or her intent based on the circumstances and any steps taken leading up to that point.
To be guilty of an attempt, what must the defendant have done?
Progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.
What examples were outlined in the American Model Penal Code that may constitute an attempt to commit an offence?
- Lying in wait, searching for or following the contemplated victim
- Enticing the victim to go to the scene of the contemplated crime
- Reconnoitring the scene of the contemplated crime
- Unlawfulling enterring a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
- Possessing, collecting or fabricating materials to be employed in the commission of the crime
- Soliciting an innocent agent to engage in conduct constituting an element of the crime
Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are these exceptions?
- Intend to cause loss to someone else as a result of the fire
- Know or ought to know that the fire will endanger life
- Know that the fire is likely to destroy or damage someone else’s property as a consequence
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters. What are 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
In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.
- Witnesses’ reports
- When they first noticed the fire and where they were at the time
- The state of the fire at that time
- Wind direction and speed, weather
- The direction of spread
- The colour of the flames and smoke
- Severity of the damage
- Depth of charring
- The presence of starting devices
- Reports and opinions from other specialists
List five examples where carelessness may cause a fire.
- Misusing electricity
- Children playing with matches, cigarette lighters and so on
- Burning off paint
- Vagrants lighting fires
- 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 or camp fires
- Leaving a stove or heater on
- Leaving fat unattended while cooking
- Smoking
List five examples of material used to start a fire.
- Readily available combustible material – rubbish
- Molotov cocktails
- Candles
- Chemical igniters
- Timing devices
- Electric matches
- Electrical apparatus
- Matches and cigarettes
- Trailers
List five examples of where faults can occur.
- Chimneys and flutes
- Heating systems
- Appliances
- Televisions left on standby mode
- Dust extractors
- Fans and ventilation systems
- Electrical wiring – shorting and arcing
- Machinery
- Gas pipes and fittings
- Broken power lines
List five examples of where fires can be caused naturally.
- Chemical reactions
- The sun’s rays
- Lightning
- Static electricity
- Rodents eating through wiring, or building nests out of flammable material
- Spontaneous combustion
Detail the Police responsibilities at a fire scene examination and investigation.
- Conduct the criminal investigation or coronial enquiry
- Undertake responsibility for the protection, collection and recording of forensic evidence
- The collection and removal of material from a fire crime scene
- The preservation, analysis and subsequent disposition of any such material
Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site.
(a) Enter any land, building, or structure
(b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency
(c) Take or send any equipment or machine required to be used into, through, or upon any land, building, or structure
(d) Remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure
(e) Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicintiy 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)
(f) 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
What is the penalty for s267 offences?
267(1) – 14 years
267(2) – 7 years
267(3) – 5 years
