CIB 012 - Arson Flashcards
Following the preliminary examination, you will accompany the Specialist Fire Investigator while they complete a detailed examination of the scene.
What will the Specialist Fire Investigator observe, note, and take into account during their observation?
- smoke deposits and burn patterns
- spalling
- damage to wall studs
- damages 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
- under floor inspection
At the conclusion of the detailed internal examination, what will the Serious Fire Investigator be able to determine?
- area of origin
- point of origin
- the seat of the fire
In determining the seat of the fire, what will the Specialist Fire Investigator consider?
- witness reports
- when they first noticed the fire, and where they were at the time
- that state of the fire at that time
- wind direction and speed, the weather
- 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 opinions of other specialists
Define property.
Section 2 Crimes Act 1961
Property includes any real and personal property, any estate or interest in any real or personal property, money, electricity, and any debt, any thing in action, and any other right or interest.
Define ‘recklessness’ and support with Case Law.
Recklessness is a conscious and deliberate decision to take an unjustifiable risk.
Cameron v R
Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result, the proscribed circumstances existed, and having regard to that risk those actions were unreasonable.
Define benefit.
Section 267(4) Crimes Act 1961
Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Attempted Arson
Under Section 268 Crimes Act 1961, you must prove the identity of the defendants and?
- they attempted to commit arson
- the attempted arson was in respect of any immovable property, or vehicle, or ship, or aircraft.
The person in charge of the Fire Service at a fire is charged with the direction of operations (Section 28 Fire Service Act 1975).
What powers are available?
- enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty, s28(4)(b)
- close roads, s28(4)(h)
- remove vehicles impeding the Fire Service. If necessary, they can break into the vehicles for that purpose, s28(4)(i)
- remove people who are in danger or interfering with operations, using reasonable force if necessary, s28(4)(j)
- do anything else that is reasonably necessary for the protection of life and property, s28(4)(n)
What was held in R v Morley in regards to ‘Loss’?
Loss … is assessed by the extent of the complainant’s position prior to the [offence] has been diminished or impaired.
What is the section, act, and elements of Attempted Arson?
Attempted Arson
s268 Crimes Act 1961
- Attempts
- To commit arson
- In respect of any immovable property, or any vehicle, ship, aircraft.
Define ‘Attempts’ using legislation.
s72 Crimes Act 1961
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.
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 scene.
- Access to the scene.
- Process of examination and investigation.
- Identification and collection of evidence from the fire scene.
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?
- Know or ought to know the fire would endanger lives.
- Intend to cause loss to someone else as a result of the fire.
- The fire will cause damage to someone else’s property as a consequence.
What was held in R v Harpur in relation to ‘Attempt’?
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.
Define ‘Damages by fire’ and support with Case Law.
Although fire damage will often involve burning and charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.
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.
What is fire?
Fire is the result of the process of combustion,
a chemical reaction between fuel and oxygen, triggered by heat.
Define ‘explosive’.
s2 Arms Act 1983
Explosive means any substance or mixture or combination of substances which in its normal state is capable of either of decomposition as such a rapid rate as to result in an explosion or pyrotechnic effect.
Includes:
- gunpowder
- nitroglycerine
- dynamite
- gun-cotton
- blasting powder
- fulminate of mercury or of other metals
- coloured flares
- fog signals
- fuses
- rockets
- percussion caps
- detonators
- cartridges
- ammunition of all descriptions
What is the key point of ‘immovable property’?
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 movable.
What was held in R v Wilson in relation to ‘interest in property’?
R v Wilson
Tenancy in property constitutes an interest in that property.
Name four examples of evidence of intentional interference in relation to Arson.
- tampering with the alarm or sprinkler system
- hindering access
- misdirecting firefighters
- 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 fraught
- foreign material and objects, such as screws/batteries, that might be part of a device
- signs that a crime may have been committed. The property may have been burned to destroy the evidence. Even when a building has been burnt to the ground, that 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
- unusual burn patterns or unusual time factors (e.g. that the fire started after the building was secured)
What do Conferences during the scene examination assist with?
- assessing information obtained
- reconstructing
- establishing possible motives
- identifying suspects
- planning further enquiries
Who could be in attendance at Conferences?
- O/C CIB
- crime scene co-ordinator
- Fire Investigation Liaison Officer
- O/C Investigation
- investigating officers
- Specialist Fire Investigator
- Police photographer
- fingerprint technician/SOCO
- other specialists as required
Name four examples of common electrical ignition sources and techniques.
- heaters and clothing
- electric lamp and petrol igniters
- toaster with nearby curtains
- leaving a pot of stew on a stove element
- ceiling exhaust fans
- electric urns, bread makers, water heaters, deep fryer, rice cookers
- “fallen” table or standard lamp in conjunction with combustible material
- ignition of the main switchboard by use of gas torch applied to the earth or neutral bars
What is your initial action at a fire involving explosive?
- remember that there may be a secondary device
- do not use cell phone, portable radios or other transmitting device
- evacuate the scene to a distance of at least 100m
- if the IED is located, immediately obtain the assistance of and IED operator from the Department of Labour
- provide regular SITREPS to comms
