Other Flashcards
What must be proved in regard to Recklessness
- That the Defendant consciously and deliberately ran a risk (Subjective)
- That the risk was one that was unreasonable to take in the circumstanfes as they were known to the Defendant (objective)
To be guilty of attempted arson what must be proven?
A person must:
- Intend to commit the offence, and
- Take a real and substantial step towards achieving that aim.
Examples which may show attempts
- Lying in wait, searching for or following the victim
- Enticing the victim to go to the scene of the contemplated crime
- Reconnoitring the scene of the contemplated crime
- Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be commited.
- Possession, collection or fabrication of materials to be employed in the commission of the crime
- Soliciting an innocent agent to engage in conduct constituting an element of the crime
Legally you are allowed to set fire to your own property unless you:
- 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 elses property as a consequence
The fire investigator will liaise with Police investigator in relation to four specific matters which are:
- Handover of the fire scene
- Access to the fire scene
- Process for examination and investigation
- Identification and collection of evidence at the fire scene.
In determining the seat of the fire, the specialist fire investigator will consider:
- Witness 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
- Depth of charring
- The presence of starting devices
- Reports and opinions from other specialists
Examples of carelessness that might result in a fire
- 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 heatin
- Wrapping up live ashes in paper
- Ironing
- Setting of fireworks
- Using or storing flammable materials
- Burning rubbihs
- Using domestic or camp fires
- Leaving a stove or heater on
- Leaving fat unattended while cooking
- Smoking
Materials used to start a fire include:
- Readily available combustible material - Rubbish
- Molotov cocktails
- Potassium chlorate, sugar and sulphic acid (Fire fudge)
- Candels
- Chemical igniters
- Timing devices
- Electric matches
- Electrical apparatus
- Matches and cigarettes
- Trailers
What are the Police responsibilities at a fire scene examination and investigation?
- Conduct the criminal investigation and coronal 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 and 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.
The powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site are:
(a) Enter any land, building or structure:
(b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency
(c) Take or send any equipment or machine required to be used into, through, or upon any land, building or structure.
(d) Remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure.
(e) Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up.
(f) Cause any building or structure to be pulled down or shored up at the time of the emergency or within reasonable time afterwards.
Fire Investigation Liaison Officers (FILOs) have responsibility for:
‐ attending every fire that results in serious injury or death;
‐ co‐ordinating fire investigations in their designated area or district;
‐ arranging Police attendance at fire scenes where required;
‐ maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service
Specialist Fire Investigators;
‐ assisting areas or districts with fire investigation‐related queries;
‐ ensure communication is maintained with the Police National Fire Investigation Co‐ordinator, Police District Intelligence
Manager and District Manager Criminal Investigations, where appropriate;
‐ co‐ordinating fire investigation training for any Police employees within the area or district, where needed
‐ providing other advice and expertise as required.
Deputy Fire Investigation Liaison Officers may take on some of these responsibilities where districts consider this necessary.
Specialist Fire Investigators will be called to attend and investigate:
‐ 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; and
‐ any other fire, upon request from Police or another agency.
Fire scene examination and investigation (after the fire has been extinguished)
‐ handover of the fire scene
‐ access to the fire scene
‐ process for examination and investigation
‐ identification and collection of evidence at the fire scene.
The Specialist Fire Investigator will conduct an independent investigation into the origin and cause of the fire.
Investigators often find themselves:
‐ searching through an unstable structure
‐ excavating the scene to identify the cause of a fire.
At a fire scene most injuries are received from these hazards:
‐ Inhalation of toxic substances e.g. car fires emit particularly toxic and harmful gases
‐ Ingestion of particles etc.
‐ Cuts/wounds from sharp objects
‐ Air borne dusts, particles etc.
‐ Tripping on fire debris
‐ Falling down, over, onto or into any obstructions or cavities
‐ Items from above falling onto you or hitting objects and causing a chain reaction.
To identify the best method of protection, you must consider:
‐ an assessment of each of the above
‐ a strategy to prevent an occurrence or to mitigate its impact.
Protective clothing must be used by the on‐scene investigator. These items are required:
‐ 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
‐ heavy duty footwear with steel soles and toe caps.
What are the four main building materials?
Timber
This will normally burn and char but in most instances will, if members are thick enough, maintain sufficient integrity.
When entering a timber structure, take note of the thickness of structural members, the load it is carrying, and any sound
emanating from structural members.
Steel
In the initial stages of a fire, unprotected steel will expand and can cause external and internal walls to be pushed out.
However, if there is sufficient fuel available, the unprotected steel will lose strength and collapse, pulling walls inwardly.
When the heated steel is cooled by fire fighting hose lines or the passage of time, it tends to contract and may:
fall off supports or similar or
remain intact loosely but may collapse during excavation or movement of items with little or no warning.
Important: Please pay particular attention to the location and condition of steel beams and trusses etc.
Steel will rarely melt but at 1600 degrees it will be reduced to lessthan 10% of its original strength.
Concrete
Concrete, and in particular tilt slab construction, is the most unpredictable as it can be affected by extremely low fire
temperatures, and topple like a deck of cards, in all directions. When subjected to fire, concrete can break away at the
surface (spalling), and steel reinforcing may be exposed to sufficient heat to lose its tensile strength.
Masonry
Masonry and brick structures, when subjected to fire, can be weakened by deterioration of the mortar, expansion of the
wall or damage to supporting or connected structural members. Visible signs of damage or weakness include cracking,
leaning or bowing or collapse of supporting floors or roof frames.
What may Molotov Cocktails contain
‐ Polystyrene beads.
‐ Rubber bands.
‐ Soap flakes. These are dissolved into the warmed petrol, producing a mixture that sticks to anything it touches. Soap also slows
down the burning rate of petrol while allowing it to produce the same heat.
‐ Soap powder, sugar or flour. These slow down the petrol’s burning rate and confine its spread, providing better heat at the
target area.
‐ Materials that ignite on impact, eliminating the need for a wick. The container is filled with a mixture of petrol and 10 to 15
percent concentrated sulphuric acid. A small sachet containing a 50/50 mixture of potassium chlorate and sugar is taped to the
outside of the bottle. Once the bottle breaks, the acid reacts with the potassium chlorate/sugar mixture and ignites.
What is evidence of a Molotov Cocktail being used
‐ Traces of wick, often in the broken neck of a bottle.
‐ Pieces of bottle glass, either scattered or in one place. If the bottle does not break on impact, it will fall apart with the heat as the
cocktail burns, and be found at the seat of the fire.
‐ Pieces of window glass from the cocktail’s entry.
‐ In the case of chemical ignition, traces of the tape used to attach the chemicals to the side of the bottle; or the type of burn
characteristic of sulphuric acid. This burn can be identified by chemical analysis.
‐ Evidence of liquid flowing down walls, and under doors and furniture.
‐ Evidence of rubber bands, egg white residue, gelatine or similar substances stuck to flooring or walls.
What are examples of Timing devices
‐ A bottle containing the acid is suspended above the dry ingredients and tipped by a length of cotton attached at the other end
to the alarm winder of a clock.
‐ The acid is placed on a balance with a tin of water at the other end. A tiny hole is punched in the tin and as the water drips away,
the balance tips and drops the acid into the dry ingredients below.
‐ Most common is the use of an incense stick or matches cut to length to determine the timings required.
‐ Electric timers can be used to delay the start of a fire long enough to allow an arsonist time to be well away from the scene. A
recovered timer may show when it was set.
