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Batman > Arson - Modules > Flashcards

Arson - Modules Flashcards

1
Q

Arson section 267 (1)(a) CA 61

A

14 years

  • Intentionally OR Recklessly
  • Damages By Fire OR By Means Of Any Explosive
  • Any Property
  • If He Or She Knows Or Ought To Know That Danger To Life Is Likely To Ensue
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2
Q

Arson Section 267(1)(b) CA 61

A

14 Years

  • Intentionally OR Recklessly
  • Damages By Fire OR By Means Of Any Explosive
  • Without Claim Of Right
  • Any Immovable Property OR Any Vehicle OR Ship OR Aircraft
  • Which That Person Has No Interest
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3
Q

Arson Section 267(1)(c) CA 61

A

14 Years

  • Intentionally
  • Damages By Fire OR By Means Of Any Explosive
  • Any Immovable Property OR Any Vehicle OR Ship OR Aircraft
  • With Intent To Obtain Any Benefit OR To Cause Loss To Any Other Person
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4
Q

Arson Section 267(2)(a) CA 61

A

7 Years

  • Intentionally OR Recklessly
  • Damages By Fire OR By Means Of Any Explosive
  • Without Claim Of Right
  • Any Property That Person Has No Interest (Other then referred to in subsection 1)
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5
Q

Arson Section 267(2)(b) CA 61

A

7 Years

  • Intentionally OR Recklessly
  • Damages By Fire OR By Means Of Any Explosive
  • Any Property (Other than property referred in subsection 1)
  • With Intent To Obtain Any Benefit OR With Intent To Cause Loss To Any Other Person
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6
Q

Arson 267(3) CA 61

A

5 Years

  • Intentionally
  • Damages By Fire OR By Means Of Any Explosive
  • Any Property
  • With Reckless disregard for the safety of any other property
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7
Q

Attempted arson section 268 CA 61

A

10 years

  • attempts to commit arson
  • in respect of any immovable property or any vehicle ship or aircraft
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8
Q

Intentional damage section 269(1) CA 61

A

10 Years

  • 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
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9
Q

Intentional damage section 267(2)(a) CA 61

A

7 years

  • intentionally or recklessly
  • without claim of right
  • destroys or damages any property
  • in which that person has no interest
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10
Q

Intentional damage section 269(2)(b) CA 61

A

7 years

  • intentionally or recklessly
  • 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
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11
Q

Intentional damage section 269(3) CA 61

A

7 years

  • intentionally
  • destroys or damages
  • any property
  • with reckless disregard for the safety of any other property
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12
Q

Two types of intent

A
  1. Intent to produce a specific result

2. Deliberate act (more than involuntary or accidental)

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13
Q

Who is responsible for proving intent

A

Onus is on the prosecution to prove an offenders intent beyond reasonable doubt

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14
Q

Three factors of circumstantial evidence

A
  1. Surrounding circumstance
  2. Offenders actions and words before during and after
  3. Nature of act itself
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15
Q

Case law for recklessness

A

R v harney
Recklessness means the conscious and deliberate taking of an unjustified risk together with an intention to continue the course of conduct regardless of risk

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16
Q

Subjective and objective test for proving recklessness

A
  1. Subjective test - defendant consciously and deliberately ran a risk
  2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant
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17
Q

How is damage by fire or explosive proved

A

MSBCB

  • melting
  • significant smoke damage
  • burning
  • charing
  • blistering of paint
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18
Q

Case law for damages by fire

A

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

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19
Q

Describe explosive

A

Any substance or mixture or combination of substances which in is natural state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

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20
Q

Name six examples of explosives

A

DRDGFF

  1. dynamite
  2. Rockets
  3. Detonators
  4. Gunpowder
  5. Fuses
  6. Fog signals

Not including firearms or fireworks

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21
Q

What is property

A

Real and personal includes tangible such as physical items and intangible such as electricity

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22
Q

What is meant by knows or ought to know

A

Knowing means knowing or correctly believing. May believing something wrongly but cannot know something that is false
Simester and brookbanks

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23
Q

Subjective and objective test for knows or ought to know

A
  1. Subjective test - what was the defendant thinking at the time, know human life was likely to be endangered by actions
  2. Objective test - what would a reasonable person have thought in the same circumstances
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24
Q

What is claim of right

A

A belief at the time of the act in a propriety or possessory right in the property in relation which offence alleged to be committed

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25
Q

What is a vehicle

A

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

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26
Q

What is cause loss and case law

A

Involves financial detriment to the victim
R v Morley
Loss is assessed by the extent to which the complaints position prior to the offence has been diminished or impaired

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27
Q

How is someone guilty of attempts

A
  1. Intends to commit the offence
  2. Takes a real and substantial step towards achieving that aim

Must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence

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28
Q

What is the case law for proximate

A

R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stopped the defendants conduct may be considered on its entirety considering how much remains to be done is always relevant though not determinative

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29
Q

Who is responsible for health and safety

A

All police employees

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30
Q

Power and duties while fire being fought

Section 28 fire service act 75

A

CARRE

  1. Close roads
  2. Anything else that is reasonably necessary for the protection of life and safety
  3. Remove vehicles impeding the fire service. (Break in)
  4. Remove people who are in danger or interfering with operations using reasonable force
  5. Enter private property when on fire or endangered or entry is essential to performing a necessary duty.

Police may exercise these powers if called upon to do so by the member of the fire service in charge of fire
No right because they are present

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31
Q

When will fire notify police

A
  1. Fire results in serious injury or death

2. Fire considered suspicious

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32
Q

What is the memorandum of understanding

A

An agreement between ambulance, fire and police to share information and detail roles for both organizations

33
Q

Eight responsibilities of fire investigation liaison officer

A

PEA MACCA

  1. Providing other advice and expertise as required
  2. Ensure communication is maintained with the police national fire investigation coordinator, police district intelligence manager and district manager criminal investigations
  3. Attending every fire that results in serious injury or death
  4. Maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigator
  5. Assisting areas or districts with fire investigations related enquiries
  6. Coordinating fire investigations in their designated area or district
  7. Coordinating fire investigation training for any police employees within the area or district
  8. Arranging police attendance at fire scenes where required
34
Q

Six responsibilities of specialist fire investigators

A

FSBASS

  1. Fires where fatalities
  2. Structure fires where the case is suspicious or cannot be determined
  3. Buildings where built in fire safety features have failed or not performed to known or expected standards
  4. Any other fire upon request by police or agency
  5. Significant fire spread across property boundary
  6. Structure fire of 3rd alarm equivalent (at least six appliance or greater) that may have a significant regional or national consequence
35
Q

How many fire specialist investigators are called to a fire

A

Minimum two where fire related fatality or life threatening injury

36
Q

Two responsibilities of fire service investigation liaison officer

A

EA

  1. Establishing and maintaining effective working relationships with relevant police fire investigation liaison officers
  2. Arranging fire service specialist fire investigator attendance at fire scenes where requested by police
37
Q

Six phases of fire scene control, notification and handover

A

FFFPAI

  1. Fire had authority over scene while fire in progress once extinguished and threat to life or property no longer exists, scene can be handed over
  2. Fire will notify police if they consider fire deliberately lit or suspicious also if fatalities or life threatening injuries
  3. Fire will handover when danger of fire structural collapse, exposure to dangerous products of combustion or other fire related hazards identified and eliminated isolated or minimised
  4. Police investigating officer will confer with incident controller to confirm handover
  5. Any scene involving multiple agencies all agencies will consult with each other prior to investigation or scene exam to develop investigation plan
  6. Investigation plan will outline how investigation will proceed and role of each agency
38
Q

When will the specialist fire investigator liaise with the fire investigation liaison officer or other member of police

A

HAPI

  1. Handover scene
  2. Access to scene
  3. Process for examination and investigation
  4. Identification and collection of evidence at scene
39
Q

Police responsibilities at fire investigation

A

CUC

  1. Conduct criminal investigation or coronial enquiry
  2. Undertake responsibility for the protection collection and recording of forensic evidence
  3. Collection and removal of material from fire crime scene will only be done by police or other agencies with authority to remove items
40
Q

Seven types of injuries from fire hazards

A

ITIFCIA

  1. Inhalation of toxic substances
  2. Tripping on fire debris
  3. Ingestion of toxic substances
  4. Falling down over onto or into any obstructions or cavities
  5. Cuts or wounds from sharp objects
  6. Items from above falling onto you or hitting objects and causing a chain reaction
  7. Air borne dusts
41
Q

Two ways to identify best method of protection

A
  1. Assessment of each hazard

2. Strategy to prevent an occurrence or to mitigate its impact

42
Q

Six protective clothing items

A

HFSONG

  1. Helmet
  2. Footwear, steel soles and toe caps
  3. Safety glasses
  4. Overalls
  5. Nose and mouth filter full face respirator or full ba
  6. Gloves
43
Q

Best rule to employ

A

If it looks dangerous it probably is so do not enter

44
Q

Six common methods of setting fires

A

CCEETT

  1. Candles
  2. Chemical ignitor
  3. Electrical apparatus
  4. Electric matches
  5. Matches and cigarettes
  6. Molotov cocktails
  7. Timing devices
  8. Trailers
45
Q

What witnesses to interview

A

POOFEN

  1. Person who found the fire
  2. Owners
  3. Occupants and visitors
  4. Fire fighters
  5. Employees
  6. Neighbors
46
Q

Four scene security considerations

A

PEPS

  1. Preserving evidence
  2. Exclusion and control of onlookers, property owners
  3. Prevent looting
  4. Scene not interfered with
47
Q

What four things should police also be aware of at a fire scene

A

RIBR

  1. Reigniting from hotspots after fire extinguished
  2. Identify any witnesses among on lookers and passers by
  3. Be vigilant and watch for possible suspects
  4. Report all matters of significance to oc investigation and scene coordinator
48
Q

Points when conducting scene exam

A

The scene should be examined systematically from outside in. Establish a clear area for material removed during the search and avoid any cross contamination potential

49
Q

Four points to consider when conducting external exam

A

ANDY

  1. Adjoining premises which may reveal, accelerant containers, attempts at forced entry, broken windows, forced doors
  2. Nearby alleyways, streets, driveways
  3. Distance debris scattered
  4. Yards and outbuildings of fire effected property
50
Q

Six points of an preliminary internal exam

A

SMALLF

  1. Signs of hardship
  2. Missing family photos, furniture or personal items
  3. Areas in need of repair
  4. Low stock in commercial premise
  5. Lack of clothing
  6. Forced entry
51
Q

Six points of a detailed internal exam

A

SSSDDD

  1. Smoke deposits and burn patterns
  2. Spaling (cracking or chipping concrete)
  3. Soot deposits
  4. Damage to wall studs
  5. Damage to roofing timbers
  6. Damage to window sills and door edges
52
Q

Conclusion of internal exam can determine what

A

SAP

  1. Seat of the fire
  2. Area of origin
  3. Point of origin
53
Q

How can the cause of the fire be determined

A

CUTS

  1. Containers
  2. Uneven burning
  3. Traces of debris
  4. Smell
54
Q

Five things that can show evidence of intentional interference

A

THEMF

  1. tampering with alarms or sprinklers
  2. Hindering access
  3. Evidence of intentional removal of valuable property
  4. Misdirecting fire fighters
  5. Furniture rearranged to create fire base
55
Q

Procedure for exhibits

A
  1. Photograph in situ label and preserve in containers
  2. Use approved arson kits if available
  3. Take control samples
    - charred timber and ashes or debris from seat of fire for examination and comparison with samples from other points
    - any accelerants found near scene
    - soil from surrounding area
56
Q

What are the five reasons for conferences

A
  1. Planning further enquiries
  2. Assessing information obtained
  3. Identify suspects
  4. Reconstructing
  5. Establishing possible motives
57
Q

What is best practice for body removal

A

Where possible a forensic pathologist should be called prior to body removal
Investigator should always consider recovering body removal on video
Best practice is that bubble wrap is used to secure body parts and then they are packaged in a clearly marked and protected boxing
Ensure body is cooled prior to wrapping
Can include furniture the deceased was on at time of death and removed later

58
Q

Who are four people that you should ensure are interviewed

A

FLOG

  1. Found the fire
  2. Last person to secured the building
  3. Owner and occupier
  4. Gave the alarm
59
Q

Seven possible motives for arson

A

PCPEVFJ

  1. Profit
  2. Crime concealment
  3. Pyromania
  4. Excitement
  5. Vandalism
  6. Fraud
  7. Jealousy
60
Q

Insurance company info to obtain

A
  1. Over insurance
  2. Recent increases in cover
  3. Info on prior claims
  4. Insurance policies
61
Q

Four ways may identify suspects

A

FCIM

  1. Fingerprints
  2. Circumstances of fire
  3. Info from informants and witnesses
  4. Media response
62
Q

Five possible suspects to arson

A

PEAOC

  1. Pyromaniac
  2. Employee
  3. Aggrieved person
  4. Owner or occupier
  5. Criminal
63
Q

Evidence to obtain during a search warrant

A

DICWA

  1. Debris from scene
  2. Ignitors
  3. Containers
  4. Wick fabric
  5. Accelerants
64
Q

What should be included in a report for non explosive fires

A

IIDVRIR

  1. Intro
  2. Info about property
  3. Details of the fire and events leading up to it
  4. Value of damage
  5. Results of investigation
  6. Info on insurance
  7. Results from general enquiries
65
Q

Seven steps for electrical fires

A

ISDPAOR

  1. Information gathering
  2. Scene exam
  3. Debris exam
  4. Product exam
  5. Analysis and testing
  6. Opinion formulation
  7. Reporting data and opinions
66
Q

Seven sources of electrical fire

A

TECHSES

  1. Toaster and curtain
  2. Electric lamp and petrol ignitor
  3. Ceiling exhaust fan
  4. Heater’s and clothing
  5. Switchboard wiring by use of a gas torch applied to earth or natural bus
  6. Electric urn, bread maker, water heater, deep fryer, rice cookers
  7. Stew left on stove
67
Q

What should you consider when attending fires involving explosives

A
  1. Do not handle or interfere with anything unfamiliar
  2. Do not use cell phones radios or transmitting devices
  3. Evacuate scene to a distance at least 100m
68
Q

What should you do with media

A

Allocate one person to deal with media to avoid differing accounts and maintain control over what is released

69
Q

What are six characteristics of damage caused by explosives

A

OCSSSS

  1. Overlay of dust
  2. Cratering
  3. Spread of debris
  4. Shredding of materials
  5. Smell peculiar to exploded material
  6. Shrapnel marks
70
Q

What are some things you may find as evidence of electrical detonators

A

NFLSD

  1. Neoprene plug
  2. Fragments of electric detonator casing
  3. Lead wire
  4. Short circuit shunt
  5. Delay setting tag from lead wire
71
Q

What should you consider when IED operator is making device safe

A

Encourage to use a non destructive method of making a device safe or one that involves the least possible destruction
Safety however outweighs the preservation of evidence
Consider having the operator record their initial assessment on video to record all items and placement prior to subsequent action. Can be used evidentially and for staff briefings

72
Q

On top of the suspicious fire sampling kit what other items should you consider bringing to a arson investigation

A

PETSST

  1. Permanent markers
  2. Excavation tools
  3. Tweezers
  4. String
  5. Saw
  6. Tape
73
Q

When using the suspicious fire sampling kit what should you always ensure

A

PLASK

  1. Package is correctly addressed
  2. Liquid samples are secure and isolated
  3. All containers sealed and clearly labeled
  4. Samples have not been and cannot be cross contaminated
  5. Kit is forwarded as a unit even if only one container used
74
Q

What should you do with liquid samples

A

Clean outside surface of bottles and place the bottles in a polystyrene box if possible hand deliver. Otherwise post the box under separate cover in a NZ post handibag or place in a tin secure tin and send entire kit
Do not forward anything other then the bottles provided and ensure tops are tight

75
Q

How should you collect any liquid residue

A

Uplift residue with a clean dropper pipette and treat add a liquid sample
Absorb into a tissue and place in a tin

76
Q

How should you send debris

A

In a tin

77
Q

What is the rule around disclosing suspect information to other agencies

A

Generally criminal records not to be disclosed
However if it will significantly assist investigation check if suspect eligible under clean slate act 2004 function found in nia by someone with access
If eligible for clean slate do not disclose
If not eligible you may

78
Q

What are important points in terms of ownership and control of a scene

A

IPPOET

  1. Establish owner of buildings and property disputes may arise as tenant may not be owner
  2. Insurance company will act as the owner of property if a claim has been made or insurance cover is applicable
  3. Owner usually owns structure and most permanent fixtures such as light fittings, wiring, curtains and floors, tenants will own personal property such as appliances, clothingand furniture
  4. Private investigators must not be permitted access to the fire scene until police and specialist fire investigator have completed their investigation, they may not remove from a scene any debris or evidence enough does not belong to the interests who engaged them.
  5. Their is no legal obligation imposed on other interested parties to make available to police or fire service any evidence they might discover
  6. Police and insurance council of new Zealand have a memorandum of understanding to work in the spirit of good will

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