Arson progress tests

Question 1

List the elements of Arson in s267(1)(a).

Answer 1

The elements of Arson in s267(1)(a) are:

• 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

Question 2

Explain what recklessly means citing the relevant case law.

Answer 2

R v Harney

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 3

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?

Answer 3

Legally you are allowed to set fire to your own property, unless you:

• 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 consequence.
• fraudulent intentions i.e. insurance

Question 4

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?

Answer 4

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:

• handover of the fire scene
• access to the fire scene
• process for examination and investigation
• identification and collection of evidence at the fire scene

Question 5

In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.

Answer 5

In determining the seat of the fire the specialist fire investigator will 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
• presence of starting devices
• reports and opinions from other specialists.

Question 6

List five examples where carelessness may cause a fire

Answer 6

Five examples of carelessness that might result in a fire could include:

• 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

Question 7

List five examples of material used to start a fire.

Answer 7

Materials used to start a fire include:

• readily available combustible material - rubbish
• Molotov cocktails
• candles
• chemical igniters
• timing devices
• electric matches
• electrical apparatus
• matches and cigarettes
• trailers

Question 8

Detail the Police responsibilities at a fire scene examination and investigation.

Answer 8

The Police responsibilities at a fire scene examination and investigation are:

• 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 the authority to remove evidence
• the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency.

Question 9

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.

Answer 9

The powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person charge of the Fire Service at the fire site are:

(a) enter any land, building, or structure:
(b) break into any building, or structure that may be on fire or other wise 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 vicinity of any building or structure that is on fire or other wise 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.

Question 10

Guy steals a car and burns it

Answer 10

Liable under 267(1)

Question 11

What is claim of right

Answer 11

Proprietary or possessory right in property

Question 12

What does the definition of explosives not include

Answer 12

Firearms or fireworks

Question 13

What constitutes damage by fire

Answer 13

Burning and charring

Question 14

When must the fire service report a fire to

police

Answer 14

Fatality, serious injury or suspicious

Question 15

When conducting a preliminary examination,

where should you start

Answer 15

From the least damaged into the most

damaged/seat of the fire

Question 16

What must you do when a fire has been started

by explosive

Answer 16

Clear the scene in case a secondary device is

present

Question 17

Who must you liaise with at a fire scene

Answer 17

Fire service incident controller

Question 18

A person can be held criminally liable for

recklessness if…

Answer 18

They know or ought to know life or property is
in danger or damaged
Or
They know the consequences, continue
regardless and it’s unreasonable to do so.

Question 19

Ingredients for 267(1)(b)

Answer 19

 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

Question 20

Definition of property

Answer 20

Property – Section 2 Crimes Act 1961
Includes any real and personal property, and
any estate or interest in any real or personal
property (money, electricity) and any debt, and
any thing in action, and any other right or
interest

Question 21

Explain R v Mohan

Answer 21

R v MOHAN

Intent involves a decision to bring about in so
far as it lies within the accused power, the
commission of the offence

Question 22

Explain R v Archer

Answer 22

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.

Question 23

Difference between a gas explosion and

someone setting explosives

Answer 23

Gas explosions – generally wider area than set
explosives and do not leave a crater.

Lighter than air gases create an outward blow
at the top of a wall, heavier than air gases at the
bottom.

Also, cabinets will implode in a gas explosion
and there may be medical evidence that victims
have inhaled gas prior to explosion.

Question 24

Preparing the examination

Answer 24

Preparing the examination

• Arrange for the scene to be examined as soon as circumstances allow. The scene should be examined systematically, from the outside in.
• Establish a clear area for material removed during the search, and avoid any cross contamination potential.
• Set clear areas of responsibility (coordinated approach).
• Successful fire investigation requires a logical, step by step approach commencing in the undamaged area and progressively working through to the point of origin.
• The point of origin is the exact location at which:
  a component failed,
  a fire was maliciously lit, or
  an accidental fire originated.

Question 25

External examination

Answer 25

External examination

The external examination takes into account:

• adjoining premises which often reveal;
• accelerant containers
• attempts at forced entry
• broken windows
• forced doors
• nearby alleyways/streets/driveways
• the yards and outbuildings of the fire effected property
• the periphery of the structure itself
• what distance debris was scattered, particularly if drums or cylinders have exploded.

The surrounding area of the involved premises may also reveal:

• accelerant containers
• contents of outbuildings missing
• property run-down
• business appears to be struggling

The damaged structure itself may reveal:

• jemmy marks or other signs of entry on windows or doors
• window glass broken before the fire was ignited
• burn patterns above doors and windows and V shaped burn patterns on external cladding.

Question 26

Preliminary internal examination

Answer 26

Preliminary internal examination

The preliminary internal examination should involve a slow walk through the premises, from the area of least damage to that of most damage, taking note of indicators such as:

• low stock levels in commercial premises
• building areas in need of repair
• signs of hardship (empty flats, shops to let, etc)
• missing family photographs, furniture and personal items
• lack of clothing in wardrobes and drawer
• open filing cabinets or missing files
• forced entry into an empty till
• presence of accelerant containers or trails
• separate unrelated seats of fire
• owner/occupier attitude during walk through (if access is permitted)
• unusual odours
• burn patterns.

Question 27

Detailed internal examination

Answer 27

Detailed internal examination

Following the preliminary examinations, you will accompany the Specialist Fire Investigator while they complete a detailed examination of the scene.

In this examination they will observe, note and take into account a number of observations including:

• smoke deposits and burn patterns
• spalling (the cracking or chipping of concrete as a result of being heated and cooled)
• damage to wall studs
• damage to roofing timbers
• damage to window sills and door edges
• soot deposits on window glass and craze patterns
• floor areas burned through
• skirting board damage
• elimination of false low burns
• removal of fire debris, and
• under floor inspection.

Question 28

At the end of the examination the Specialist Fire Investigator can determine, what?

Answer 28

It is at the conclusion of this examination that the Specialist Fire Investigator will be able to determine:

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

Question 29

To determine the seat of the fire what will the Specialist Fire Investigator consider?

Answer 29

In determining the seat of the fire the Specialist Fire Investigator will consider:

• witness’ report
• 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 colour of the flames and smoke (this may also point to the cause; for example, black smoke may indicate a petroleum product based fire)
• the severity of the damage (because fire and heat usually rise, the area at the lowest level of burning with the most severe damage is often the place where the fire started. Remember that lateral and downward burning can occur with some materials and in the presence of accelerants or draughts)
• the depth of charring (probing may indicate where the fire has been burning or smoldering the longest)
• the presence of starting devices’
• the reports and opinions of other specialists.

Question 30

The cause of the fire

Answer 30

For evidence of wilful causes, see ‘Common methods of setting fires’. In addition, look for:

evidence of accelerants, such as:

• containers
• traces in debris
• smell
• unusually rapid spread or intensity of fire
• uneven burning
• burning under or behind boards where the liquid has run through the cracks
• multiple seats of fire

evidence of intentional interference, such as:

• tampering with the alarm or sprinkler system
• hindering access
• misdirecting fire fighters
• evidence of intentional removal of valuable property, or substitution of property
• signs that furniture was rearranged to create a fire base
• signs that windows and skylights were opened to create a draught
• foreign material and objects, such as screws/batteries, that might be part of a device
• signs a crime had been committed. The property may have been burned to destroy the evidence. Even when a building has been burnt to the ground, the state of the recovered locks and fasteners may show whether it was secure at the time of the fire
• signs that a heater, soldering iron or other electrical appliance has been left on
• inconsistencies (for example, that the fire is rapid burning but there is no obvious cause)
• unusual burn patterns or unusual time factors (for example that the fire started after the building was secured).

Question 31

Fire investigation protocol

Answer 31

Fire Service and Police - Memorandum of Understanding

The Ambulance NZ, NZ Fire MOU and its schedules include an agreement between Police and the Fire Service to share information, and details the roles for both organisations in fire investigation. In particular, both agencies want to ensure that in determining the origin and cause of fires:

• investigations of fire scenes by the Fire Service and the Police are efficiently coordinated, and expertly and independent conducted; and
• any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.

The Fire Service will notify the Police if:

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

Question 32

What is the American Model Penal Code?

Answer 32

Acts that may constitute an attempt to commit an offence, such as:

• 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
• unlawful entry of a structure, vehicle or enclosure in which it is contemplated that 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

Question 33

What is the Fire Service and Police - Memorandum of Understanding?

Answer 33

The Ambulance NZ, NZ Fire MOU and its schedules include an agreement between Police and the Fire Service to share information, and details the roles for both organisations in fire investigation. In particular, both agencies want to ensure that in determining the origin and cause of fires:

• investigations of fire scenes by the Fire Service and the Police are efficiently coordinated, and expertly and independently conducted; and
• any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.

The Fire Service will notify the Police if:
- a fire results in serious injury or death;
or
- a fire is considered suspicious.

Question 34

5 W’s and H Questons and Preliminary Questions

Answer 34

5 W’s and H:

Who was involved?
What happened?
When did it happen?
Where did it happen?
Why did it happen?
How did it happen?

For Preliminary Questions only ask the following:

Who was involved?
What happened?
When did it happen?
Where did it happen?

Question 35

What is the point of origin?

Answer 35

The point of origin is the exact location at which:

• a component failed
• a fire was maliciously lit; or
• an accidental fire originated