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Arson > Must Know > Flashcards

Must Know Flashcards

1
Q

Recklessness

A

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

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2
Q

Proving Recklessness

A
  1. That the defendant consciously and deliberately ran a risk (a subjective test)
  2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test – based on whether a reasonable person would have taken the risk).
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3
Q

Fire

A

Fire is the result of the process of combustion, 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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4
Q

Fire Damage

A

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

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5
Q

Intent

A

Deliberate act and intent to produce a result

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6
Q

Without claim of right

A

A belief at the time of the act in a proprietary or possessory right to the property

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7
Q

Damages by fire

A

Burning or charring, doesn’t have to be set alight. Melting, blistering of paint or smoke damage will suffice.

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8
Q

Explosive

A

Substance or mixture capable of decomposition at a rapid rate that results in an explosion. Includes gunpowder, dynamite, ammunition etc.

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9
Q

Property

A

Includes real and personal property, any estate or interest in any real or personal property.

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10
Q

Immovable Property

A

If it is currently fixed in place and unable to be moved (e.g House, Rubbish skip)

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11
Q

Vehicle

A

A contrivance equipped with wheels, tracks or revolving runners which it moves on

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12
Q

Ship

A

Any description of a vessel used in navigation

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13
Q

Aircraft

A

Machine that derives support from the air

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14
Q

Knows or ought to know

A

Knowing - awareness of the truth, correctly believing- Simester and Brookbanks

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15
Q

Danger to life

A

Danger must be someone else’s life and is human

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16
Q

Interest

A

Tenancy of a property constitute interest in it

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17
Q

Benefit

A

Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

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18
Q

Cause Loss

A

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

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19
Q

Person

A

Accepted by JN & CE. Police car example – cause loss to organisation which is a person under wider definition.

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20
Q

Attempt

A

Intend to commit the offence and take a real and substantial step towards acheiving that aim

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21
Q

The person in charge of FENZ at a fire is charged with direction of operations. Powers include;

A
  • Enter private property when it’s on fire or endangered
  • Close roads
  • Remove impeding vehicles (break into if necessary)
  • Remove people in danger or interfering (reasonable force)
  • Do anything reasonable for protection of life and property
22
Q

FENZ will notify Police if

A
  • A fire results in serious injury or death
  • A fire is considered suspicious
23
Q

FILOS – Fire Investigation Liaison Officer – Responsibilities

A
  • Attend every fire that is serious injury or death
  • Coordinate investigations in their designated area
  • Maintain working relationships with FSSFI and FSILO
  • Coordinate FI training for Police
  • Arrange Police attendance at the fire scene
24
Q

FSSFI – Specialist Fire Investigators, will attend and investigate;

A
  • Fatalities
  • Serious injuries
  • Suspicious structure fires
  • Fire safety features have failed
  • Structure fires or 3rd alarm equivalent
25
Q

Fire scene injuries

A
  • Inhalation of toxic fumes
  • Ingestion of particles
  • Cut/wounds from sharp objects
  • Tripping on fire debris
  • Falling down or over obstructions or cavities
  • Items falling
26
Q

Clothing protection

A

Helmet, overalls, respirator, gloves, safety glasses, heavy duty footwear.

27
Q

Common method of setting fires

A

Candles, chemical ignitors, matches, Molotov cocktails, timing devices, trailers

28
Q

Non-intentional causes of fire (3 topics to remember – carelessness, faults, nature)

A

Carelessness
Faults
Nature

29
Q

Carelessness Causes of fire

A
  • Misusing electricity
  • Ironing
  • Burning rubbish
  • Smoking
  • Child playing with matches
30
Q

Faults

A
  • Heating systems
  • Appliances
  • Electrical wiring
  • Machinery
30
Q

Nature

A
  • Chemical reaction
  • The sun
  • Lightning
  • Rodents eating wiring
31
Q

Interviewing witnesses, including;

A

-Informant, fire fighters, occupants, employees, owners, neighbours, spectators, local police, reporters, photographers. (EVERYONE

31
Q

Interviewing the incident controller – find out;

A
  • The time and date of the caller
  • Opinion on informant
  • The state of the fire when FENZ arrived
  • What action FENZ have taken
  • What alterations made to the scene
  • Whether they think fire suspicious
  • Details of people or vehicles acting suspiciously in vicinity.
32
Q

Preserving the scene

A

Ensure the scene is not interfered with
Exclusion and control of onlookers
Preserving evidence
Prevent looting

33
Q

External examination, look for;

A

The adjoining premises;
Accelerant containers
Attempted forced entry
Broken windows
Alleyways
Buildings fire effected
Surrounding area
Accelerant containers
Contents of outbuilding missing,
Run down property,
Business appears to be struggling
Damaged structure
Jemmy marks, broken glass, burn patterns.

33
Q

Preliminary Internal Examination

A
  • Signs of hardship
  • Lack of clothing in wardrobe, drawers
  • Rifled premises
  • Owner/occupier attitude
  • Unusual odours
34
Q

Detailed internal examination will enable the SFI to determine the area and point of origin and seat of fire. Look for;

A
  • Burn patterns
  • Damage to walls, roof timbers
  • Damage to window sills, door edges
  • Damage to floor
35
Q

Determining the seat of the fire;

A
  • Witness reports – when and where they first noticed fire
  • Wind direction and speed
  • Colour of flames and smoke
  • Severity of damage
  • Reports and opinions of other specialists
36
Q

Complete enquiries to establish the suspect’s;

A
  • Opportunity
  • Motive
  • Mens Rea ‘guilty mind’
  • Connection with the scene and the crime
  • Character, history, mental background, behaviour
36
Q

Search warrant at suspect’s, evidence could include;

A
  • Accelerants
  • Containers
  • Ignitors
  • Traces of debris from the scene
    Be alert for signs that the suspect has been at the scene of the fire for example, burnt facial hair, smell of smokes, residues of fuel or other products on skin
37
Q

Common electrical ignition sources and techniques

A
  • Heaters and clothing
  • Toaster by curtains
  • Leaving a pot of stew on the stove
  • Heaters and clothing
  • Ceiling exhaust fans
38
Q

Damage cause by explosions include

A
  • Cratering
  • Spread of debris
  • Shedding of materials
  • Peculiar smell
  • Shrapnel marks
38
Q

What combination is needed to start fire?

A

Oxygen, Heat and Fuel

39
Q

Liquid samples

A

Do not forward liquid samples in anything other than the bottles provided. Ensure that the tops are tightly fastened. Clean the outside surface of the bottle and place in the polystyrene box.
If possible, hand deliver the samples. Otherwise, post under separate cover in a NZ Post handibag. Or place and secure in a tin. =

40
Q

What are the Police responsibilities at a fire scene and examination?

A
  • conduct the criminal investigation or coronial enquiry
  • undertake responsibility for the protection, collection and recording of forensic evidence.
40
Q

What are the 3 non-intentional causes of fire? Give examples of each cause:

A

Carelessness
Faults
Nature

41
Q

When conducting a prelim internal examination where should you start

A

From the least damaged into the most damaged/seat of the fire

42
Q

What must you do when a fire has been started by explosive

A

Clear the scene incase a secondary device is present

43
Q

Who must you liaise with at the fire scene

A

Fire service incident controller

43
Q

A person can be held criminally liable for recklessness if?

A

They know or ought to know life or property is in danger or damaged.

Arson (3 decks)

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