General questions 03 Flashcards
What is an alternative charge to consider in some Arson 267(1)(b) charges? (R v Wilson)
In R v Wilson the Crown were advised that a better course of action would have been to file a charge of ‘Permitting premises to be used’ under s12(1) of MODA. This charge would have sufficiently covered the alleged criminality.
Upon conviction, the Crown could legitimately have pointed to the destruction of the house as an aggravating feature at sentence and obtained a sentence length which more appropriately encapsulated the degree of offending in this matter.
Legally you are allowed to set fire to your own property, however there are some exceptions to this general rule.
- 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 a consequence.
What are the stages of a systematic examination of the scene of a fire?
- Prepare by organising staff and equipment, clear areas and set clear areas of responsibility.
- Preparing the examination and arrange for the site to be examined systematically.
- Examine the exterior of the fire site.
- Conduct a detailed internal examination to identify the area of origin, point of origin and seat of fire.
- Identify the cause of the fire.
- Interview witnesses at the scene.
- Photograph, label and preserve exhibits
- Conduct area enquiries.
List examples of materials uses to start a deliberate fire
- Readily available combustible material i.e rubbish.
- Molotov cocktails.
- Candles
- Chemical igniters
- Timing devices
- Electric matches
- Electrical apparatus
- Matches and cigarettes
- Trailers
Under section 268 - Attempted Arson, what needs to be proved?
- An intention to commit the full offence.
- Take a real and substantial step towards achieving that aim,
In respect of any immovable property or any vehicle, ship or aircraft.
What does the MOU between the fire and Police outline in regards to their role and responsibilities?
- Investigation of fire scenes by the FS and Police are efficiently coordinated and expertly and independantly conducted.
- Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.
When must the fire service notify Police
If a fire results in serious injury or death
or
a fire is considered suspicious.
Specialist Fire Investigators will be called to attend and investigate:
- When 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;
- Structure fires of 3rd alarm equivalent (at least six appliance or greater, that may have a significant regional or national consequence
- Any other fire, upon request from Police or another agency.
Where Police commands a fire scene, any access to that scene by FS personnel is?
At the discretion of the Police
Any multi agency fire scene examination will be conducted using a coordinated approach. The FS will provide a FSI and Police will supply FILO what will the two roles liaise about?
- Handover of the fire
- Access to the fire scene
- Process examination and investigation
- Identification and collection of evidence at the fire scene.
What proof of authority it required under s28 Fire Service Act 1975
The fact that a person is exercising any power under section 28(4) is conclusive evidence of their authority to do so.
When can Police use Fire Service powers?
Police may exercise these powers if called upon to do so by the member of the Fire Service in charge of the fire.
