Arson Practice 2021 Flashcards
How do you guard and control the scene of a suspected Arson?
WOOD PILE:
- WATCH - be vigilant and watch for suspects
- ONLOOKERS - locate witnesses among onlookers and passersby
- O/C INVESTIGATION - report all matters of significance to the OC investigations and/or scene coordinator
- DAMAGE - prevent further fire or damage
. - PROPERTY OWNERS - exclude and control onlookers, property owners and interested parties
- INTERFERING - avoid interfering with the scene
- LOOTING - prevent looting
- EVIDENCE - preserve evidence
What is S267(1) CA1961?
(1) 14 years who—
(a) 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; or
(b) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest; or
(c) intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person.
What is S267(2) CA1961?
(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—
(a) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)); or
(b) intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.
What is S269 CA1961?
Intentional Damage (1) 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.
(2) 7 years who—
(a) intentionally or recklessly, and without claim 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) 7 years = intentionally destroys or damages any property with reckless disregard for the safety of any other property.
What is claim of right?
Claim of right in relation to any act, means a belief, at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
Define property
Property includes real and personal property. Any estate or interest in any real or personal property. Money, electricity, and any debt and any other right or interest.
What are some common electrical sources of a fire?
- A bar heater turned on to face a wall or item of furniture
- An iron left flat on a surface
- A pop-up toaster with the lever tied down, so that material left 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
Explain how you can determine 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 that time
- wind direction and speed, and the weather
- the direction of spread
- the colours of the flames and smoke
- the severity of the damage
- the depth of charring
- the presence of ‘starting devices’
- the reports and opinions of other specialists
What are some characteristics of where explosives are used?
The nature of the damage can identify that an explosive was used:
- a low powered explosive will explode in a general manner causing damage and spreading roughly the same distance in all directions
What evidence should you be looking for when you apply for a Search Warrant?
Search the suspects clothing, residence, vehicle and work-place. Evidence should include:
- accelerants
- containers
- igniters
- wick fabric
- traces of debris from the scene
(photograph evidence in situ before seizing)
What do you do in an external scene exam?
An external examination takes into account:
- adjoining premises which often reveals
- accelerant containers
- attempts of forced entry
- broken windows
- forced doors
- nearby alleyways/streets/driveways
- the yards and outbuildings of the fire effected property
- what distance debris was scattered, particularly if drums or cylinders have exploded
The surrounding area of the involved premises may also reveal:
- B CAP
The damaged structure itself may reveal:
- jemmy marks or signs of forced entry
- window glad broken before the fire was ignited
- burn patterns above doors and windows and V shaped burn patterns on external cladding
When will a specialist fire investigator be called?
Specialist fire investigators will be called to attend and investigate:
- fires where fatalities occur
- fires where serious (life threatening)fire related injury has occurred
- structure fires where the cause is suspicious or cannot be determined
- significant fire spread across a property boundary
- fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards
What are some non-intentional causes of a fire?
Carelessness:
- kids playing with matches
- leaving clothes near a heater
- burning rubbish
- smoking
- ironing
- leaving a stove or oven on
Faults:
- heating systems
- appliances
- electricity wiring (shorting)
- broken powerlines
Nature:
- the suns rays
- lightening
- rodents eating through wiring
- chemical reactions
Outline if you have to demolish areas of a scene (safety)?
x
What re some indicators that a fire has been lit intentionally/wilfully?
MOVIE MASTER
- MULTIPLE seats of fire
- OPEN windows or skylights to create a draught
- VALUABLE property has been intentionally removed
- INTENTIONAL INTERFERENCE (evidence of) ie. tampering with alarm/sprinkler
- Evidence of EXPLOSIVES
- MISDIRECTING firefighters
- Evidence of ACCELERANTS i.e. containers
- SMELL
- TRACES in debris
- Signs that a heater, soldering iron or other ELECTRICAL APPLIANCE has been left on
- Unusual RAPID SPREAD or intensity of fire
Outline considerations the fire safety officer might have?
x
When making enquiries into a suspect (not involving explosives) what are the 12 steps?
- ID the suspect (circumstances, FP, info from informants/witnesses)
- Possible suspects may include (owner/occupier, employee, criminal, aggrieved person, pyromaniac, pupil/ex-pupil, member of the fire service, business competitor)
- Investigate the suspects thoroughly and according to priority. Obtain their:
- full particulars
- criminal histories
- details of any motor-vehicles to which they have access to
- details of any associates
- photographed - Consider surveillance
- Complete enquiries to establish the suspects: opportunity, motive, mens rea, connection with the scene and offence, character etc.
- Consider a SW (search the suspects clothing, home, motor vehicle, workplace - evidence includes accelerants, containers, lighters etc.)
- Interview the suspect and obtain a recorded statement covering the ingredients of the offence
- Consider a photo montage
- Complete enquiries to corroborate or negate the suspects explanation
- Advise your supervisor - consider whether the ingredients of the offence are met - obtain authority to prosecute
- Arrest the suspect and obtain:
- FP, Photograph, consider medical exam for injuries, offender report details, consider getting the suspect to do a reconstruction if cooperative - Complete correspondence and prosecution file
What is the process for arson exhibits?
PUT
- Photo and label the exhibits, and preserve them in containers
- Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
- 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
- soil from the surrounding area
When identifying the suspect, what are some points to consider?
- The circumstances of the fire
- DNA/FP
- Information from informants and witnesses
- Info from fire crews on people who regularly attend fires
- Media response
- Police resources eg. Intel, YAS, Fire investigation liaison officer
- Enquires at the prison, psychiatric hospitals, rehab centres, and schools
Initial action - when you speak to the fire incident controller, what questions do you ask him?
FA MASSIVE
- The state of the FIRE when the 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 information they have about the buildings SECURITY
- Whether they think the fire is SUSPICIOUS, and why
- Their opinion on the INFORMANT
- Details of people or VEHICLES acting suspiciously in the vicinity
- What action they have taken, particularly in ENTERING the building and ventilating it after the fire
A guy steals a car and burns it, what is he liable for?
S267(1)(b)
- Intentionally and W/O claim of right
- Damages by fire
- Any vehicle
- In which that person has no interest
S267(1)(c)
- Intentionally
- Damages by fire
- Any vehicle
- With intent to cause loss to any other person
What is the definition of an explosive?
Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect; and includes:
- gunpowder
- gun-cotton
- dynamite
- blasting powder
- coloured flares
- fog signals
- fuses
- rockers
- ammunition of all descriptions
Does not include any firework.
What constitutes as damage by fire?
- Fire damage will often involve burning or charring,
- it is not necessary for the property to actually set alight;
- melting, blistering of paint, or significant smoke damage may be sufficient.
When must the fire service report a fire to Police?
Serious injury, fatality, or suspicious
When conducting a prelim internal examination, where should you start?
From the least damage area to the most/seat of the fire. Usually this is the outside to inside.
What must you do when a fire has been started by an explosive?
Clear the scene incase of a second device being present…
Who must you liaise with at the fire scene?
Fire service incident controller
A person can be held criminally liable for recklessness if?
They know or ought to know life or property is in danger or could be damaged.
R v Archer
Property may be damaged if it suffers / permanent or temporary physical harm or / permanent or temporary impairment to its use or value.
What is the difference between a gas explosion and someone setting off an explosive?
- Explosions caused by gas generally cover a wider area than those cause by explosives
- Explosives cause catering
- Medical evidence - one or more of the suspects or victims may have inhaled gas prior to the explosion
A person who is renting a house burns it down accidentally when they leave their food on the stovetop. Are they criminally liable?
No
What is S28 of the Fire Service Act? (list 4 points)
- Enter private property when it is on fire or endangered, or 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
Surrounding areas external examination may REVEAL what? list 4
B CAP
- Business appears to be struggling
- Contents of outbuilding that are missing
- Accelerant containers
- Property run down
At the conclusion of the examination, the fire service will be able to determine what?
TAP
The seat of the fire /
Area of origin /
Point of origin
To identify the best method of protection, you must consider what?
An assessment of:
- inhalation of toxic substances
- ingestion of particles etc.
- injection 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.
Conferences must be held to assist you with…
I REAP
- identifying suspects
- reconstructing
- establishing possible motives
- assessing the information obtained
- planning further enquiries
In determining the seat of the fire, the specialist fire investigator will consider…
- witness 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, and the weather
- the direction of spread
- the colours of the flames and smoke
- the severity of the damage
- the depth of charring
- the presence of ‘starting devices’
- the reports and opinions of other specialists
During initial action, who do you interview first?
- Informant
- Specialist fire investigator
- OC of the first fire appliance to attend the scene
- Incident controller
Clean path method (or common approach path) - what is it?
It is the path that people use within the scene. They should be limited to ‘corridors’ i.e that paths which will keep disturbance of the scene to a minimum.
The investigator should should search the areas to be used as corridors prior to any traffic to reduce the possibility of evidence being introduced to the scene after the event.
Enquiries with insurance companies
VICOR
Contact the insurance company promptly to obtain the services of an assessor to:
- VALUE the building and the damage particulars of the insurance on the premises
- INFORMATION on former claims
- CONTENTS copies of their proposals
- OVER-INSURANCE
- RECENT increases in the cover
What do you take note of and observe when the fire safety officer is conducting their detailed internal examination?
SSSDDDFoSURE
- SMOKE deposits and burn patterns
- SOOT deposits on window glass and craze patterns
- SPALLING
- 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
What are the police responsibilities with Arsons
The Police must:
- 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 will only be done by Police or other agencies with authority to remove evidence
the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency
What do you do in initial action involving explosives?
- 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
- do not use cell phones, portables or the like
- evacuate the scene to a distance of at least 100 meters
- if the ied is located, immediately obtain assistance of an IED operator from the dept. of labour
- inform the national bomb data centre at PNHQ, using the ‘bomb/explosive/IED report’ form
- give the national bomb data centre regular SITREPS.
During a preliminary examination, what are some indicators that you should take note of?
FOOL SURF
- 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
- Seperate UNRELATED seats of fire
- Building areas in need of REPAIR
- Missing FAMILY PHOTOS, furniture and personal items
What should be established after a conference?
- Appoint an exhibits officer
- Appoint a Crime Scene Coordinator (if required)
- Appoint a scribe
- Appoint a scene examiner
- Advise the fire investigator
What are some characteristics of damage caused by explosives?
- 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
Whats the initial action with fires not involving explosives?
IS FISH PC
- Briefly interview your INFORMANT
- SECURE and control the scene
- Initial interview of the of the FIRE safety officer/OC of the first fire application to attend the scene
- Interview the INCIDENT CONTROLLER at the scene before an initial conference
- If fire is extinguished, ensure SAFETY of the scene before an initial conference
- Regroup and HOLD a briefing conference if deemed suspicious
- Confer with other staff and determine a PLAN of action
- CONTACT the comms room and supply a sitrep. Ask for assistance if necessary, and the attendance of specialist photographer
What questions do you ask the owner of an Arson?
S.C.A.T.S
- 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
Possible suspects may include who?
- the owner/occupier - for insurance fraud
- an employee - to cover theft or forgery or false pretences
- a criminal - to cover the trees of a crime such as burglary or homicide or to intimidate other victims of a protection racket
- an aggrieved person - suffering from jealousy, hatred, rage, prejudice or a desire for revenge
- a pyromanic suffering from a mental illness
- in the case of school buildings - a pupil or ex-pupil
- a member of the fire service - for excitement or persona; recognition
- a business competitor - to disadvantage a rival
Protective clothing must be worn by the on-scene investigator, what items are required?
- a suitable helmet
- a pair of overalls
- nose and mouth filter, a full face respirator or full BA (if required and qualified)
- gloves
- safety glasses
- heavy duty footwear with steel soles and toe caps
x
x
What are the different types of witnesses that could be interviewed during initial action phase?
- person who found the fire, raised the alarm and informed the Police
- fire fighters
- occupants and their visitors
- employees including cleaning staff
- owners
- neighbours
- spectators
- local Police
- reporter and photographers
Cameron v R
Recklessness is established if:
a) the defendant recognised that 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; and
b) having regard to that risk those actions were unreasonable
What are the two parts to Cameron v R?
a) the subjective test - the defendant recognised the risk the offence anticipates as being possible. The defendant does not need to consider the risk significant
b) subjective and objective test - whether the defendants actions were objectively reasonable given the risk the defendant understood.
What are THREE examples of circumstantial evidence when proving intent?
- the offenders actions and words before, during, and after the event
- the surrounding circumstances
- the nature of the act itself
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it use of value.
When recklessness is an element in an offence, what must be proved? (2 things)
- 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 responsible person would have taken the risk)
What is fire?
Fire is the result of the 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 proportions.
What is the nature of belief required for ‘claim of right’?
- There must be a belief that relates to an element of ownership of the property in question or right to take or retain possession of it.
- The belief must be about rights to the property in relation to which the offence is alleged to have been committed.
- The belief must be held at the time of the conduct alleged to constitute the offence.
Define VEHICLE
LTA 1998 - Vehicle
(a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
(b) includes a hovercraft, skateboard, in-line skates, and roller skates but;
(c) does not include -
- a perambulator or pushchair
- a shopping or sporting trundler not propelled by mechanical power;
- a wheelbarrow or hand-trolley
- a pedestrian controlled lawn-mower
- a pedestrian controlled agricultural machine not propelled by mechanical power
- an article or furniture
- a wheelchair not propelled by mechanical power
- any other contrivance specified by the rules not to be a vehicle for the purposes of this definition
- any rail vehicle
Define SHIP
CA 1961 - Ship
Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of ay country
Define AIRCRAFT
Civil Aviation Act 1990 - Aircraft
Aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth
In terms of a Tennant and their interest in property, what is provided in S267?
- where the Crown alleges that the damage by fire is INTENTIONAL a tenant may be convicted if he or she has caused loss to any person (1c)
- where the Crown alleges that the damage by fire us either intentional or reckless a tenant may be convicted if e or she knew that danger to life was likely to ensue (1a)
- a tenant otherwise CANNOT be convicted of recklessly damaging the tenanted property by fire
Define OBTAIN
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.
Define BENEFIT
Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
R v Morley
Loss is assessed by the extent to which the complainants position/
prior to the offence/
has been diminished or impaired
Is it necessary for the victims loss to result in a benefit for the offender?
No.
The term person not only includes real people but who else?
Companies and their organisations.
What is the difference between 267(1) and 267(2) in relation to property?
Subsection 2 relates to forms of property other than immovable property, vehicles, ships and aircrafts.
What must you do to be guilty of ‘attempted Arson’?
- intend to commit the offence, AND
2. take a real and substantial step towards achieving that aim
Define ATTEMPTS
S72 CA1961
(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 circumstances it was possible to commit the offence or not.
(2) The Q whether an act done or omitted with intent to commit an offence is or not only preparation and is too remote to constitute an attempt to commit it, is a Q 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 unequivocally showing the intent to commit that offence
R v Harpur
The court may have regarded to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
What are some examples that may constitute an attempt?
- lying in wait, searching for or following the contemplated victim
- enticing the victim to go to the scene of the contemplated crime
- recon the scene of the contemplated crime
- unlawful entry of a structure, vehicle, or enclosure in which it is contemplated the crime will be committed
- possession, collection or fabrication of materials to be employed in the commission of the crime
- soliciting an innocent agent to engage in conduct constituting an element of the crime
What is S269 CA1961?
Intentional Damage (1) 10 years = intentionally or recklessly destroys or damages ay property if he or she knows or ought to know that danger to life is likely to result.
(2) 7 years = who -
a) intentionally to recklessly, and without CoR, destroys or damages any property in which that person has no interest; or
b) intentionally to recklessly, and without CoR, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person
3) 7 years = intentionally destroys or damages any property with reckless disregard for the safety of any other property
What is S272 CA1961?
Providing explosives to commit an offence
2 years = knowingly has in his possession or make any explosive substance, or any dangerous engine, instrument, or thing, with intent to use or enable another person to us the substance, dangerous engine, instrument, or thing, to commit an offence.
What is meant by “engine” and “instrument” under S272 - Providing explosives to commit an offence?
A device intended to explode or cause fire or emission of noxious things.
What are the elements of Arson in S267(1)(a)?
- intentionally or recklessly
- damages by fire or by means of any explosive
- any property
- knowing or ought to know that
- danger to life is likely to ensue
Legally you are allowed to set fire to your house unless what?
- you intend to cause loss to someone else as a result of the fire
- you know or ought to know that the fire will endanger life
- you know that the fire is likely to destroy or damage someone else property as a consequence
What are the four specific matters that the Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police?
- handover of the fire scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the fire scene
What are some materials used to start a fire?
- rubbish
- molotov cocktails
- candles
- chemical igniters
- timing devices
- electrical matches
- electrical apparatus
- matches and cigarettes
