Progress Tests Flashcards
List the elements of Arson in s267(1)(a).
The elements of Arson in s267(1)(a) are: − Intentionally or recklessly − Damages by fire or by means of any explosive − Any property − Knowing or ought to know that − Danger to life is likely. (Module Page 5)
Explain what ‘recklessly’ means citing the relevant case law.
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
(Module Page 8)
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?
− 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.
(Module Page 5)
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters. What are these matters?
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters.
− 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, list some of the matters the specialist fire investigator should consider.
− 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 35)
List five examples where carelessness may cause 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 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 24).
List five examples of material used to start a fire.
− readily available combustible material - rubbish − Molotov cocktails − candles − chemical igniters − timing devices − electric matches − electrical apparatus − matches and cigarettes − trailers
Detail the Police responsibilities at a fire scene examination and investigation.
− 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.
Describe 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.
(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 (either in whole or in part):
(f) cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.
