CIB 012 - Arson Flashcards
Liability: arson (danger to life)
Section 267(1)(a)
1- Intentionally/recklessly
2- damages by fire/by explosive
3- any property
4- if he knows/ought to know danger to life likely to ensue
Liability: Arson (no interest in property)
Section 267(1)(b)
1- Intentionally/recklessly
2- without claim right
3- damages by fire or by means of any explosive
4- any immovable property/veh/ship/aircraft
5- in which that person has no interest
Liability: Arson (intent obtain benefit)
Section 267(1)(c)
1- Intentionally
2- damages by fire/by explosive
3- any immovable property/veh/ship/aircraft
4- with Intent
5- to obtain any benefit or cause loss to any other person
Liability: Arson (no interest lower value property)
Section 267(2)(a)
1- Intentionally/recklessly
2- w/o COR
3- damages by fire or explosive
4- any property
5- in which that person has no interest
Liability: Arson (obtain bene lower value)
Section 267(2)(b)
1- intentionally/recklessly
2- damages by fire/explosive
3- any property
4- with intent
5- to obtain any benefit/cause loss to other person
Liability: Arson (reckless disregard)
Section 267(3)
1- intentionally
2- damages by fire/explosive
3- any property
4- with reckless disregard for safety of any other property
What does benefit include under arson (267) and also intentional damage (269)?
Benefit means: “BPPPSV”
Any benefit
Pecuniary advantage
Property
Privilege
Service
Valuable consideration
What are the 2 specific types of intent to prove?
Intentions act
Intent to produce a specific result
Caselaw: R v COLLISTER?
Intent can be inferred from circumstantial evidences and inferred from:
1 - Offenders actions/words before or during and after
2 - the surrounding circumstances
3 - the nature of the act itself
Acting recklessly involves what?
Consciously and deliberately taking an unjustifiable risk
Caselaw: CAMERON v R?
“Recognise real”
Recklessness established if:
Recognised real possibility actions would bring a proscribed result and actions were unreasonable
What is part a of the CAMERON test?
Subjective test: “A real possibility”
Defendant recognised the risk the offence is possible
What is part b of the CAMERON test?
Obj test: were actions reasonable given risk understood.
If no social utility = unreasonable.
is social utility, objectively would reas prudent person taken risk
What must be proved in recklessness?
1- that the defendant consciously and deliberately ran risk (subj)
2- the risk was unreasonable in circ”s as known to defendant (obj)
What does damaged by fire include?
“BCMBS”
Burning, charring, melting, blistering smoke damage
Caselaw: R V ARCHER?
“Archer arrow damage perm/temp”
Property damaged if suffers perm/temp physical harm or impairment of use/value
What is fire a result of?
Process of combustion and a chemical reaction between fuel and oxygen triggered by heat
Def: explosive?
Any substance/mixture/combo substances which in normal state
capable of decomposition at such rapid rate to result in explosion or pyro effect
Def: property?
Real and personal property and any estate in interest in such
Def: what does knowing mean?
Knowing or correctly believing
Def: life?
Means human life
Def: claim of right?
At time of act, a belief in proprietary or possessory right in property to which offence alleged. Belief may be based on ignorance or mistake
In general what does immovable property relate to?
Buildings, land and things growing on land like forests
Def: vehicle?
Contrivance equipped with wheels tracks or runners on which it moves or is moved
Def: ship?
Every description of vessel used in navigation however propelled
Def: obtain?
Obtain or retain for himself
Caselaw: R v MORLEY?
“More loss assessed”
Loss is assessed by the extent to which complainants position prior to offence is diminished or impaired
What does legislation include under the element of “person” for arson cause loss charges under 267(1)(c)?
real people but also companies and other organisations
Liability: attempted arson?
Section 268
1- attempts
2- to commit arson in respect of
3- any immovable property or VSA
Attempts
To be guilty of an attempt to commit an offence a person must?
(2 things - mens/actus)
(Mens and actus)
- intend commit offence
- real/substantial steps to achieve aim
Section 72(3) crimes act?
(Attempts)
Act may constitute attempt if sufficiently proximate and connected with offence
Re attempts, how will the court assess proximity?
Cumulative assessment to Analyse the defendants conduct at relevant time in conjunction with evidence of intent based on circ”s leading up to that point
Caselaw: R v HARPUR?
“ conduct cumulatively “
the court may have regard to conduct either cumulatively up to point when conduct in question stops or consider in its entirety.
What remains to be done is always relevant but not determinative
Examples of acts that may be sufficiently proximate?
“Lepu”
- lying in wait for vic
- enticing vic to scene
- possession materials for crime
- unlawful entry of structure/vehicle
What are the 4 specific matters a FENZ specialist fire investigator will liaise with police/FILO on?
“HAPI”
Handover
Access to scene
Process for exam and investigation
ID and collection of evidence
Liability: intentional damage (danger life)
269(1)
1- Intentionally/recklessly
2- Destroys or damages
3- Any property
4- knows or ought to know danger to life likely result
Liability: intentional damage (no interest)
269(2)(a)
1- intentionally/recklessly
2- w/o COR
3- destroys or damages
4- any property
5- which person has no interest
Liability: intentional damage (obtain benefit)
269(2)(b)
1- intentionally/recklessly
2- w/o COR
3- destroys or damages
4- any property
5- with intent to
6- obtain benefit/cause loss to other person
Liability: intentional damage (reckless disregard)
269(3)
1- intentionally
2- destroys or damages
3- any property
4- with reckless disregard for safety of any other property
Penalty for providing explosives sec 272 CA 61?
2 years
In HALLAM what did the court hold in terms of an offenders knowledge re an explosive substance charge?
Held the offender must knowingly have possession and know it to be an explosive substance
What is the special meaning of “engine and instrument”
The nature of a device intended to explode or cause fire/emission of noxious things
Matters a fire specialist investigator considers to determine the seat of fire?
“WWWCSD”
Witnesses
When first noticed
Wind direction
Colour of flame/smoke
Severity damage
Depth charring
5 examples of carelessness that might result in fire?
Misuse electricity
Children play matches
Ironing
Fireworks
Leaving oven unattended
Materials used to start fire?
“RMMCC”
Rubbish
Molotov cocktails
Matches
Candles
Cigarettes
The person in charge of FENZ at a fire is charged with direction of operations (S42 FENZ Act 2017). This gives them power to?
Enter private property when on fire/endangered
Use equipment on land building
Remove flammable dangerous material from land
Pull building down
For police to exercise FENZ powers under S28 of the fire service act 1975 what enables police to do this?
If called upon by FENZ member in charge
What are the 2 scenarios FENZ will notify police on about a fire?
Fire results in serious injury or death
Fire considered suspicious
What are a FILO”s responsibility?
- attend fires resulting in serious injury or death
- coordinating fire investigations
- arranging police attendance
- maintain effective relationships
- assist with fire related queries
Specialist fire investigators called to fires when?
Fatalities
Serious injuries
Suspicious
Significant fire across boundary
3rd alarm structure fires (6 appliances)
Request from police
Outline the simplified 6 steps of a fire scene control notification and handover?
“TNCHCR”
- threat gone (life/prop) then handover
- notify if suspicious
- confer with police investigator
- handover once danger eliminated/. isolated/minimised
- CIMS management
- roles of agencies
What are police responsibilities with a fire investigation?
Conduct criminal/coronial investigation
Protection and collection of evidence
Preservation analysis and disposal of exhibits
What are common ways injuries occur at fires?
- inhale toxic substances or particles
- cuts or wounds
- tripping
- items falling
What protective clothing should be worn at a fire scene by police investigator?
- helmet
- overalls
- nose/mouth filter
- gloves
- glasses
- HD footwear
What are the 4 main types of building materials in a building?
Timber, steel, concrete, masonry
Initial action steps on arrival at fire scene?
- interview infmt
- secure control scene
- initial interview 1st FENZ appliance
- incident controller FENZ info (time call, what appliances action taken, building security, alterations scene, 1C or not opinion of infmt etc)
- ensure safety scene before conference
- conference
- brief staff
What are 4 scene security considerations?
- scene not interfered with
- exclusion/control onlookers (nosey cunts)
- preserve evidence
- prevent looting
Conferences: these are held during the scene examination to assist with?
“AREIP”
“AREIP”
Assessing info
Reconstructing
Establish motives
ID suspects
Plan further 4Q”s
Conferences: people who attend can include?
OC CIB
Crime scene coordinator
FILO
OC investigation
Fire investigator
Photography
SOCO
Other specialists
List some goals/tasks and inquiries to complete during suspect phase re fires not involving explosives?
ID suspect
Investigate fully
Consider surveillance
Establish suspects: opportunity, motive, intent and connection
Consider search warrant
Interview suspect
Investigate explanation (cooberate or negate)
Initial action at fire scene involving explosives?
“SNED”
“SNED”
Secondary device
No cellphones or electronics
Evacuate 100M plus
Detector dog
Characteristics of damage caused by explosives?
“CSSSSD”
Cratering
Spread debris
Shredding material
Shrapnel marks
Smell almonds
Dust
If you have an attempt liability what points to cover in attempts wording in liability answer? (3 things and the caselaw)
Prove:
-Offender intended to commit offence
- Took real and substantial steps to commit offence
- 72(3) - an act may constitute attempt if sufficiently proximate and connected to offence
- court will assess conduct at relevant time in conjunction with evidence of his intent based on circumstances leading up to that point
Caselaw: R v HARPUR: court have regard to conduct either cumulatively up to point when conduct stops or consider in entirety, what remains is always relevant but not determinative
Section 44 FENZ ACT?
Shut water off
Shut off services
Close road
Remove vehicles
Remove people
Anything to protect life
3 step exhibit process?
Photo in situ and label
Use arson containers
Take control samples
If conducting a search warrant at a suspects house post arson, what evidence might be sought or located?
Accelerants
Containers
Igniters
Wick fabric
Trace debris
Photos
