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.
