Module 12: Arson Flashcards

1
Q

What is a fire?

A

Fire is the result of the process of combustion.

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2
Q

How is fire started?

A

A chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.

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3
Q

When fuel is heated to its ignition temperature what happens?

A

It releases gases which then react with oxygen molecules in the air - this reaction results in the release of heat and light energy, and various other by-products, which are visible as flames.

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4
Q

What is an alternate charge to consider in some Arson 267(1)(b) charges?

A

Permitting Premises to be used (s 12(1) of the Misuse of Drugs Act). 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.

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5
Q

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?

A

− 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.

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6
Q

There are nine stages in your systematic examination of the scene of a fire. What are these stages?

A

− prepare by organising appropriate 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 preliminary internal examination of the site
− conduct a detailed internal examination to identify the area of origin, point of origin and seat of the fire.
− identify the cause of the fire.
− interview witnesses at the scene
− photograph, label and preserve exhibits.
− conduct area enquiries.
(Police Manual Page 18)

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7
Q

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

A
− 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
− the presence of starting devices
− reports and opinions from other specialists.
(Police Manual Page 20)
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8
Q

List five examples where carelessness may cause a fire?

A
− 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
(Police Manual Page 31).
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9
Q

List five examples of material used to start a fire?

A
− readily available combustible material - rubbish
− Molotov cocktails
− candles
− chemical igniters
− timing devices
− electric matches
− electrical apparatus
− matches and cigarettes
− trailers
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10
Q

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

A

− 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.
(Police Manual Page 8)

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11
Q

Describe the powers conferred by s28 of the Fire Service Act 1975 on the person in charge of the Fire Service at the fire site?

A

− enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
− close roads
− remove vehicles impeding the Fire Service. If necessary they can break into vehicles for that purpose
− remove people who are in danger or interfering with operations, using reasonable force if necessary
− do anything else that is reasonable necessary for the protection of life and property.
− (Police Manual Page 9)

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12
Q

Damage to property may include what?

A

Scorching and charring of property.

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13
Q

Under Section 268 - Attempted Arson: What needs to be proved?

A

An intention to commit the full offence.

In respect of any immovable property or any vehicle, ship or aircraft.

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14
Q

What does the MOU between Fire and Police outline in regards to the roles and responsibilities?

A

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

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15
Q

When must the fire service contact Police?

A

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

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16
Q

The Fire Service employs specialist fire investigators who will be called to attend and investigate:

A

· fires where fatalities occur
· fires where serious (life threatening) fire related injury has occurred
· structure fires where the cause is suspicious or can not 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 or greater, that may have a significant regional or national consequence.

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17
Q

Where Police commands a fire scene, any access to that scene by Fire Service personnel is?

A

At the discretion of the Police.

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18
Q

Fire scene control, notification and handover has a 6 step process, what is it?

A

1: The Fire Service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene of the fire over to the appropriate person or agency. In certain circumstances, this will be Police.
2: The Fire Service will notify the Police if it considers that a fire may have been deliberately lit, or if it considers the cause of a fire is suspicious. The Fire Service will also notify the Police of all incidents where fatalities or serious (life threatening) injuries occur.
3: Where Police attend a fire scene and seek authority over that fire scene, the designated Police Investigating Officer will confer with the Incident Controller to confirm the handover process.
4: The Fire Service will not normally handover a fire scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised.
5: For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan. See also: ‘Multi-agency response to incidents’.
6: The investigation plan will include an outline of how the investigation will proceed and the role of each agency.

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19
Q

Any multi-agency fire scene examination will be conducted using a co-ordinated approach. The Fire Service will provide a Specialist Fire Investigation Officer and the Police will supply a Fire Investigation Coordinator, what will the two roles liaise about?

A

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

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20
Q

Police responsibility at a fire scene?

A

· conduct the criminal investigation or coronial enquiry

· undertake responsibility for the protection, collection and recording of forensic evidence

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21
Q

What proof of authority is required under Section 28?

A

The fact that a person is exercising any power under section 28(4) is conclusive evidence of their authority to do so - section 28(6) refers.

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22
Q

What are some hazards at a fire scene?

A

Inhalation of toxic substances
Ingestion of particles etc
Injection from sharp objects
Air borne dusts, particles etc
Tripping on fire debris
Falling down, over, onto or into any of the above
items from above falling onto you or hitting objects and causing a chain reaction.

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23
Q

What protective clothing should you use at a scene?

A

· a suitable helmet (that complies with the relevant safety standard)
· a pair of overalls
· nose and mouth filter, a full face respirator or full BA (if required and qualified)
· gloves
· safety glasses
· shovels, rakes, sieves, pegs, twine
· heavy duty footwear with steel soles and toe caps.

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24
Q

What are the four main building materials and their weaknesses?

A

Timber - Burning, charring
Steel - Expand, lose it strength
Concrete - Spalling, expose reinforced steel
Masonry - Deterioration or mortar.

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25
Q

The best rule to employ in relation to a fire scene is?

A

If it looks dangerous it probably is so - do not enter!

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26
Q

Police guarding the scene must?

A

· avoid interfering with the scene
· exclude and control on-lookers, property owners and other interested parties
· preserve evidence
· prevent looting
· prevent further fire or damage
· be vigilant and watch for suspects
· locate witnesses among onlookers and passers-by
· report all matters of significance to the O/C investigation and/or scene coordinator.

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27
Q

Where it is difficult to preserve the scene the investigator must record the scene, prior to demolition, by?

A

· sketches
· photographs
· plans
· video recordings.

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28
Q

Conferences must be held during the scene examination to assist you with?

A
· assessing information obtained 
  · reconstructing 
  · establishing possible motives 
  · identifying suspects 
  · planning further enquiries
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29
Q

People attending conferences could include?

A
· O/C CIBCIB 
  · scene co-ordinator 
  · fire investigations co-ordinator 
  · O/C Investigation 
  · investigating officers 
  · fire Safety officer 
  · Police photography 
  · fingerprints technician / SOCOSOCO 
  · other specialists
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30
Q

The Fire Safety Officer should be present at all scenes Police are required to attend. You may also need the assistance of one or more of these?

A
· fire investigations co-ordinator 
  · rural fire investigator 
  · photographer 
  · fingerprint technician 
  · explosives inspector 
  · electrical inspector 
  · building inspector 
  · insurance assessor 
  · accountant 
  · forensic mapper's / original floor plans 
  · pathologist 
  · vehicle inspector 
  · civil aviation inspector 
  · mines inspector 
  · forestry expert 
  · agricultural expert 
  · marine surveyor 
  · heating engineer 
  · meteorologist
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31
Q

When you have personal at the scene you should?

A

· appoint an exhibits officer
· appoint a crime scene co-ordinator (if required)
· advise the fire investigation co-ordinator
· appoint a scribe
· appoint a scene examiner

32
Q

Initial action when dealing with fires not involving explosives, procedure on arrival?

A

1 Briefly interview your informant.
Note: Do not overlook the fact that the informant may be the offender.

2 Secure and control the scene.

3 Initial interview of the:
· Fire Safety Officer, if present
· O/C of the first fire appliance to attend the scene.

4 Interview the incident controller at the scene and find out:
· the time and date of the call and the manner in which it was received
· what appliances attended
· the state of the fire when the Fire Service arrived
· what action the Service has taken, particularly in entering the building and ventilating it after the fire
· what information the Fire Service has about the building’s security
· what alterations they have made to the scene, for example, they may have had to force doors or windows
· whether they think the fire is suspicious, and why
· their opinions of the informant. For example, a person who regularly attends or reports fires may have lit them
· details of people or vehicles acting suspiciously in the vicinity.

5 If the fire is extinguished, ensure safety of the scene before an initial conference is held with the Fire safety officer, Police and conduct an external examination initial preliminary examination of the scene (see “Examining the scene”).

6 If deemed suspicious then re group and hold a briefing conference (see “conducting a conference”).

7 Confer with other staff and determine a plan of action. Brief and deploy them to:
· guard and control the scene
· identify and interview witnesses at the scene
· conduct local enquiries.

8 Contact the communications room and supply a SITREPSITREP. Ask for assistance if necessary, and the attendance of specialists such as photographers, Fire investigation co-ordinator and fingerprint technicians.

33
Q

The point of origin is the exact location at which?

A

· a component failed
· a fire was maliciously lit, or
· an accidental fire originated

34
Q

The external examination takes into account?

A

· 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 were scattered, particularly if drums or cylinders have exploded

35
Q

The surrounding area of the involved premises may also reveal?

A

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

36
Q

The damaged structure itself may reveal?

A

· jemmy marks or other signs of forced 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.

37
Q

The preliminary internal examination should be a slow walk through the premises, from least to most damage, taking note of indicators such as?

A

· low stock
· 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 drawers
· rifled premises
· position of clothes if not in wardrobe or 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.

38
Q

Detailed internal examination are carried out by the Fire Safety Officer they will observe, note and take into account a number of observations including?

A

· 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 windows 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.

39
Q

At the conclusion of the internal examination the fire safety officer will be able to determine?

A

· area of origin
· point of origin
· the seat of the fire

40
Q

In determining the seat of the fire the specialist fire investigator will consider?

A

· 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, 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 smouldering the longest)
· the presence of ‘starting devices’
· the reports and opinions of other specialists.

41
Q

For evidence of wilful causes look for?

A

· evidence of explosives (see ‘Fires involving explosives’)
· 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 an offence 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).

42
Q

Interview witnesses at the scene including?

A
· the person(s) who found the fire, raised the alarm and informed Police 
  · fire fighters 
  · occupants and their visitors 
  · employees, including cleaners and casual staff 
  · owners 
  · neighbours 
  · spectators 
  · passers-by 
  · local Police 
  · patrols 
  · other Police and security staff 
  · vendors and delivery people 
  · reporters and photographers.
43
Q

What 3 steps should you follow with an exhibit at a fire scene?

A

1 Photograph and label the exhibits, and preserve them in containers.
2 Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins.
3 Take these control samples:
· charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
· any accelerants found near the scene
· soil from the surrounding area.

44
Q

What 5 steps should you follow when conducting area enquirers with a fire scene?

A

1 Conduct area enquiries by, for example, sending staff to interview people who work at other warehouses to see if there have been any other arson attempts.
2 Conduct a preliminary interview of the owner. Specifically, find out:
· when the premises were last secured, and by whom
· whether he or she knows the cause of the fire
· the details of any suspects and any insurance
· type of business
· actions leading up to the fire.

3 Note the owner’s demeanour during the preliminary interview.
4 Complete the interviews and obtain, or arrange to obtain, written Statements from the informant, witnesses and owner.
5 Give your supervisor a SITREPSITREP. Be prepared to speak to this if required at the scene conference.

45
Q

You may identify suspects by means of?

A

· the circumstance of the fire
· fingerprints
· information from informants and witnesses
· media response
· Police resources such as Criminal Intelligence, and the Intelligence and Youth Aid sections or the fire investigations co-ordinator
· enquiries at penal institutions, psychiatric hospitals, rehabilitation centres and schools
· information from fire crews on people who regularly attend fires.

46
Q

Investigate the suspects thoroughly and according to priority. Obtain their?

A

· full particulars
· criminal histories
· details of any motor vehicle to which they may have access
· details of any associates.

47
Q

Possible suspects may include?

A

· the owner or occupier, for insurance fraud
· an employee, to cover theft, forgery or false pretences
· a criminal, to cover the traces of an offence such as burglary or homicide, or to intimidate other victims of a protection racket
· an aggrieved person suffering from jealousy, hatred, rage, prejudice or a desire for revenge
· a pyromaniac suffering from mental illness
· in the case of school buildings, a pupil or ex-pupil
· a member of the Fire Service, for excitement or personal recognition
· a business competitor, to disadvantage a rival.

48
Q

Complete enquiries to establish the suspect’s?

A

· opportunity
· motive
· mens rea (“guilty mind”)
· connection with the scene and the offence
· character, mental background, history, movements and behaviour.

49
Q

Execute a search warrant in the presence of the suspect. When executing the warrant?

A

· search the suspect’s clothing, residence, motor vehicle and work-place, and in any other place where evidence may be found. Evidence could include:

  • accelerants
  • containers
  • igniters
  • wick fabric
  • traces of debris from the scene

· photograph evidence in situ before it is seized (take care not to destroy any fingerprints)
· ask for and note the suspect’s explanation regarding the evidence. Be alert for signs that the suspect has been at the scene of a fire; for example, burnt facial hair, the smell of smoke, and residues of fuel or the products of combustion on the skin
· issue a Police 268 for the property seized
· ensure all exhibits seized are labelled, examined and uplifted by the exhibits officer

50
Q

What are the steps to follow for initial action in relation to a fire involving a explosive?

A

1 Remember that there could be a secondary device anywhere at the scene, including in a nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
2 Do not use cellphones, portable radios or the like.
3 Evacuate the scene to a distance of at least 100m. Ensure that people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using an explosives detector dog to locate the device.
4 If the IEDIED is located, immediately obtain the assistance of an IED operator from the Department of Labour. If no Department of Labour operators are available, consider asking the Armed Services to send one of theirs. Bear in mind that the expertise of Armed Services operators relates primarily to military ordnance.
5 Inform the National Bomb Data Centre at PNHQPNHQ, using the ‘Bomb/Explosive/IEDIED Report’ form. Access this form through the ‘Create Notification’ feature in the Lotus Notes bulletin board. For a list of the incidents for which this form should be used, see ‘Reporting’.
6 Give the National Bomb Data Centre regular SITREPs.

51
Q

What 3 steps to do when examining the scene of a fire involving explosives?

A

1 Once the scene has been declared safe, conduct a scene examination. Use video and photographs, as these are useful as a briefing tool and court record.
2 Remember to continually reconstruct.
3 Request the attendance of a suitably experienced ESRESR analyst. Ask them to bring suitable material for swabbing the scene and for swabbing hands, and examining the clothes, of any suspects

52
Q

what steps to follow to identify an explosive?

A

1 Give priority to identifying the explosive used, as this evidence will be crucial to a prosecution. The expert may be able to advise the likely type of explosive from an examination of the nature of the damage done. Remember that initial specialist opinion on the nature of the explosive may be overturned by scientific analysis. As a general rule, the more powerful the explosive, the less residue it leaves and the more directed the explosion.
2 A low powered explosive will explode in a general manner, causing damage and spreading debris over roughly the same distance in all directions. Such explosives need to be confined - for example, in a pipe - to have any real effect. A low powered explosive can become a high powered explosive through such confinement.
3 Explosives that explode at a rate of 1200 - 5000 metres per second (mps) are characterised by the fact that damage occurs in a ‘least line of resistance’ pattern. This means that windows, doors and light walls blow out.
4 Explosives that explode at a rate greater than 5000 mps do so in a directional manner. Sometimes they explode straight up and down in a definable blast pattern, causing great directional damage, and items that miss the directional blast are not as seriously damaged as might be expected. A person who is experienced in explosives can make an IEDIED that will perform in this way.
5 Because modern explosive residues are often slight and dissipate rapidly, the O/C scene may need to authorise the expert to enter the centre of the scene before it has been fully examined. In this case:
· create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates (this may involve some exhibits being trampled under foot)
· have the ESRESR analyst start swabbing the area immediately (work outwards from the seat of the explosion)
· vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue.

Ensure that the investigation items used (including tools and so on) are all carefully cleaned before use. Discuss the avoidance of cross-contamination with the ESRESR analyst.
6 It may also be necessary to remove body parts promptly, before they decompose and animal and insect activity contaminates the scene. The same clean path method should be used.
7 Record your impressions of any odours you detect.

53
Q

Characteristic damage caused by explosives includes?

A
· cratering 
  · spread of debris 
  · shredding of materials 
  · a smell peculiar to the exploded material; for example, the smell of almonds is often associated with explosive or exploded material 
  · an overlay of dust 
  · shrapnel marks.
54
Q

Arson kits contains?

A
· 5 tins of various sizes 
  · 2 screw-top bottles in a polystyrene box 
  · 2 dropper pipettes 
  · string 
  · labels 
  · tissues 
  · excavation tools 
  · different sizes of nylon bags 
  · tweezers 
  · exhibit labels 
  · permanent markers 
  · a saw 
  · tape.
55
Q

When using a kit, ensure that?

A

· the samples have not been, and cannot be, cross-contaminated
· all containers are sealed and clearly labelled
· liquid samples are secure and isolated from other exhibits
· the kit is forwarded as a unit, even if only one container has been used
· the package is correctly addressed.

56
Q

The Bomb/explosive/IEDIED report is accessed through the ‘Create Notification’ feature in the Lotus Notes bulletin board. It is designed to report?

A

· bombings and accidental or deliberate explosions, including safe crackings with explosives
· attempted bombings (where the device is placed but fails to function)
· Molotov cocktail attacks (fire-bombings)
· hoax devices (those made to look like a bomb)
· bomb threats, whether telephoned or written
· suspicious packages, bags and the like (items that have been left in unexpected places, or are apparently suspicious, to which an IEDIED operator has been called)
· explosives that have been stolen or recovered (including military and commercial explosives reported by the public)
· unlawful possession of explosives
· any other explosives-related incident.

57
Q

What is Section 267(1)(a)?

A

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;

58
Q

What is Section 267(1)(b)?

A

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

59
Q

What is Section 267(1)(c)?

A

intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person

60
Q

What is Section 267(2)(a)?

A

intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection

61
Q

What is Section 267(2)(b)?

A

intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person

62
Q

What is Section 267(3)?

A

Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

63
Q

What is Section 268?

A

Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.

64
Q

What is Section 269(1)?

A

Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result.

65
Q

What is Section 269(2)?

A

Every one is liable to imprisonment for a term not exceeding 7 years who –

(a) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest; or
(b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.

66
Q

What is Section 269(3)?

A

Every one is liable to imprisonment for a term not exceeding 7 years who intentionally destroys or damages any property with reckless disregard for the safety of any other property.

67
Q

What is Section 272?

A

Providing explosives to commit an offence.

68
Q

What is the difference between a gas explosion and someone setting explosives?

A

Gas generally covers a wider area and they do not leave a crater. May also find pieces of the container.

69
Q

A tenant cooks food and burns the house down, what is he liable for?

A

Can’t be charge under 1B because R v Wilson that a tenant has interest in the land.
Could be intentional to cause loss under 1C or intentional/reckless if danger to life under 1A.

70
Q

To identify the best method of protection you must consider?

A

An assessment of possible injuries through hazards (other question)
A strategy to prevent an occurrence or to mitigate its impact.

71
Q

How can insurance companies help?

A
Can value the building and damage.
Contents
Information of former claims.
Recent increase in the cover
Over-insurance.
(May indicate motive)
May provide there own fire investigator that can assist.
72
Q

What is R v Hallam?

A

On a charge of knowingly having possession of an explosive the prosecution must prove that the Defendant knew it was an explosive and knew he had it in possession.

73
Q

10 step process for enquirers into a suspect?

A

1: You may identify suspect by means of (7 things)
2: Obtain there full (4 things)
3: Suspects may include (8 things)
4: Consider surveillance
5: Establish suspects (5 things)
6: Execute Warrant in presence of suspect (5 things)
7: Interview suspect
8: ID parade or photo book?
9: Advise supervisor consider if ingredients met?
10: Arrest and obtain (3 things)

74
Q

What is R v Harpur?

A

An attempt includes an act or omission constituting a substantial step in a course of conduct planed.

Courts may view all conduct up until it stops and take it in its entirety, considering how much remains to be done is always relevant.

75
Q

What is Hayes v R?

A

The belief in relation to claim of right is not required to be reasonable or be reasonably held, although it may be relevant in determining the credibility.

76
Q

Interviewing witnesses at the scene, ask about?

A

suspects
other peoples movements
people who left the scene
also source media footage for people leaving the scene