Q’s Flashcards
Intent
In a criminal law context there are two specific types of intention in an offence,
Firstly there is an intent to commit the act and secondly an intention to get a specific result.
R V Harney
Reckless means the conscious and deliberate taking of an unjustified risk
In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk
Damages by fire
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 will be sufficient
R V Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value
Explosive S2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic affect
Life
Life in this context means human life, and danger must be to the life of someone other than the defendant
Claim of right
A belief at the time of the act and a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed
Although the belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed
Interest
Not defined by legislation, however the courts have held that tenancy of property constitutes a interest in it
Obtain
Means obtain or retain for himself or herself or any other person
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Person
Legislation provides a wide definition for the term of a person that incorporates not only real people but also companies and other organisations
Proving recklessness
What must be proved
- That the defendant consciously and deliberately ran a risk (subjective test)
- 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)
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
For a fire to start each of the three elements must be present, and the correct proportions
Attempted arson - 268
Attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft.
- To be guilty of an attempt to commit an offence a person must
1) Intend to commit the offence and
2) Take a real and substantial step towards achieving that aim
R V Harpur
The courts may have regard to the conduct viewed cumulatively up to the point where the conduct and question stops
The defendants conduct must be considered in its entirety, considering how much remains to be done as always relevant though not detrimental
Providing explosives to commit an offence - 272 CA61
- Knowingly has in his or her possession
- Or makes any explosive substance or any dangerous engine, Instrument or thing with the intent to use or enable another person to use the substance, dangerous engine, instrument or thing to commit an offence
The role of a fire investigation officer (FILO)
- Coordinate fire investigation training for anyplace employees within area or district
- Assist area and district with fire investigation related inquiries
- Attend every fire that result in serious injury or death
- Providing other advice and expertise as required
- Arrange police attendance at fire signs when required
What to ask an incident controller at the scene
- The time and date the call was made and the manner it was received
- What appliances attended
- What state the fire was in with fire arrived
- What actions were taken particularly in the entry to the building and ventilating it after the fire
- Whether they thought the fire was suspicious and if so why
Evidence of wilful causes the fire
Evidence of explosive
Evidence of accelerant i.e. containers
Multiple sets of fire
Uneven burning
Misdirecting fire service
Common methods of setting fires
Candles
Chemical reaction
Molotov cocktail
Matches and cigarettes
Electrical matches
Examples where carelessness may cause fire
Miss using electricity
Burning rubbish
Ironing
Smoking
Fireworks
Faults examples
Appliances
Broken powerlines
Gas pipes and fittings
Duct extractors
Fans and ventilation systems
Natural causes
Lightning
Static electricity
Sun rays
Chemical reactions
Rodents eating wires
Conferences assist with
Identifying suspects
Reconstructing of the scene
Assessing the information obtained
Planning further inquiries
Establishing possible motives
What does the FILO and SFI discuss
Handover of the scene
Access to the fire scene
Process of examination and investigation
Identify and collect evidence at the scene
Powers under the fire service act 1975
Entry private property when it is on fire or if entry is necessary to perform once duty
Close roads
Remove vehicles impeding, allowing entry to breaking into vehicles to affect one’s purpose
Remove people in danger or interfering with operations, use reasonable force to affects post one’s purpose
Do all things necessary to protect life and property
How to link a suspect to an arson
And facial skin
Smell smoke
Residue of fuel
Products of combustion on skin
Benefit
Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
When is a Specialist Fire Investigator called?
- fires where fatalities occur
- fires where where serious (life threatening) fire-related injuries have occurred
- structure fires where the cause is suspicious or cannot be determined
- significant fire spread across property boundary
- fires in buildings where built-in safety features have failed or not preformed to known or expected standards
- structure fired of 3rd alarm equivalent (at least 6 appliance) or greater, that may have significant regional or national consequence
- any other fire upon request from Police or another agency
How many Specialist Fire Investigators are required for fatalities
A minimum of two.
A senior specialist investigator or other highly experienced SFI will be called to attend and support the investigation of any serious fire incident where additional experience and expertise is needed.
A Fire Service Investigation Liaison Officer (FSILO) is responsible for
- arranging Fire Service Investigators attendance at fire scenes where requested by Police
- establishing and maintaining effective working relationships with relevant Police Fire Investigation Liaison Officers (FILOs) in the respective Police districts/areas
What will a Specialist Fire Investigator liaise with police regarding
- handover of the scene
- access to the fire scene
- process for examination and investigation
- identification and collection of evidence at the fire scene
What are police responsible for
- conduct the criminal investigation and coronial enquiry
- undertake responsibility for the protection, collections and recording of forensic evidence
Without claim of right
In relation to this act means a belief at the time of the act in a proprietary or possessory right in the property to which the offences alleged to have been committed
Although that belief maybe based on ignorance or mistake of fact or of any matter of law other than the announcement against which the offender is alleged to have been committed
Obtain
Means to obtain or retain for himself or any other person
Person
Legislation provides a wide definition of the term person that incorporates not only real people but also companies and other organisations
What combination is needed to start fire
Oxygen, heat, fuel
What are three non-intentional causes of fire
Carelessness
Faults
Nature
What are the powers conferred by section 28 of the fire services act 1975 on a person in charge of the fire service
1) Enter private property when it is on fire or endangered, or when entries essential to performing the necessary duty
2) Close roads
3) Remove vehicles and painting the fire service. If necessary, they can break into the vehicle for that purpose
4) Remove people who are in danger or interfering with operations, use reasonable force if necessary
5) Do anything else that is reasonably necessary for the protection of life and property
When will the fire service notify Police
Death
Suspicious
Serious injury
The fire service specialist fire investigator will liaise with Police fire investigating liaison officer in relation to for specific matters what are they
1) Handover of the scene
2) Access to the fire scene
3) Process the examination and investigation
4) Identification collection of evidence at the fire scene
What are the Police responsibilities at a fire scene and examination
1) Conduct the criminal and instigation or coronial inquiry
2) Undertake responsibility for the protection, collection and recording of forensic evidence
What should police consider when guarding and controlling a fire scene
- Ensure the scene is not interfered with
- Exclusion in control of onlookers, property owners and other interested parties
- Preserving evidence
- Preserving loitering
- Be aware of re-ignition from hotspots after fire is extinguished
- Identify any witnesses among onlookers and passerby’s
- Report all matters of significance to the OC investigations and/or scene coordinator
Who are they three people you should interview on initial action at a fire scene
1) The informant
2) Specialist fire investigator (if present) or the OC of the first fire appliance to attend the scene
3) Incident controller at the scene
Who must you liaise with at the fire scene
Fire service incident controller
What questions do you ask the fire incident controller
- The time and date of the call and how it was received
- What appliances attended
- The state of the fire when the fire service arrived
- What action the fire service has taken, particularly in entering the building and ventilating it after the fire
- What information the fire service has about the building security
- What alterations Have they made at the scene, for example they may have had to force doors or windows open
- Whether they think the fires suspicious and why
- Their opinion on the informant for example a person who regularly attends the fires may have let themselves
- Details of people or vehicles acting suspiciously in the vicinity
When conducting a preliminary internal examination where should you start
From the least damaged into the most damaged / seat of the fire
What indicator should you take note of during a preliminary internal examination
- Low stock levels
- Building areas in need of repair
- Signs of hardship
- Missing family photos, furniture or personal items
- Lack of clothing in the wardrobe
- Rifled possessions
- Position of clothing if not in wardrobe
- Open filing cabinets or missing files
- Forced entry into an open till
- Presence of accelerant containers or trails
- Separate unrelated sets of fire
- Owner occupier attitude during walk-through
- Unusual odours
- Burn patterns
What is the purpose of holding a conference after a suspicious fire?
To form the basis of the scene examination and risk assessment planning
They are vital to a successful scene examination and ultimately to a successful investigation
Conferences must be held during the scene examination. What will they assist with
- Assessing information obtained
- Reconstructing
- Establishing possible motives
- Identifying suspects
- Planning further inquiries
What should be done during and after a conference
- Record all decisions made and the reasons made
- Complete a detailed plan of action
- Risk assessment
What must you consider to identify the best method of protection in a fire
- An assessment of the unstable environment and injuries that could be sustained from the fire scene hazards
- A strategy to prevent an occurrence or to mitigate it’s impact
What must you do when a fire has been started by explosive
Clear the scene in case of secondary devices present
A person can be held criminally liable for recklessness if
They know all to know that danger to life is likely to insure or property is likely to be damaged and that is the property of another person
Difference between a gas explosion and someone setting explosives
Explosions caused by gas generally cover a wide area than those caused by explosives, and they do not leave a crater.
Lighter than air gasses such as hydrogen will create an upward blow out at the top of a wall where is heavier than air gasses blow out from the bottom of the wall.
Indicators to take note of during preliminary internal examination
Low stock levels
Building areas in need of repair
Signs of hardship
Missing family photos, furniture or personal items
Lack of clothing and wardrobes
Rifled positions
Position of clothing if not in wardrobe
Forced entry into an open till
Presence of accelerant containers or trails
Separate unrelated sets of fire
Owner / occupier attitude during walk-through
Unusual odours
Burn marks
What is the purpose of holding a conference after a suspicious fire
To form the basis of the scene examination and risk assessment planning.
They are vital to a successful scene examination and ultimately a successful investigation
What will a scene examination assist with
Assessing information obtained
Reconstructing
Establishing possible motives
Identifying suspects
Planning for the inquiries
What should be done during/after a conference
Record or decisions made in the reasons made
Complete a detailed plan of action including timings and specific roles
This assessment
What must you consider to identify the best method of protection in a fire scene
An assessment of unstable environment and injuries that could be sustained from fire scene hazards
Strategy to prevent an occurrence or to mitigate its impact
What should and external examination take into account
1) Adjoining premises which often reveal
- accelerant containers
- Attempts at first entry
-Broken windows
- Forced doors
2) nearby alleyways/ streets /driveways
3) Yards and outbuildings of the fire affected property
4) periphery of the structure itself
5) distance debris was scattered, particularly if drums or cylinders have exploded
What may the surrounding area of the premise reveal
Accelerant containers
Contents of outbuildings missing
Property run down
Business appears to be struggling
What may the damaged structure itself reveal?
Jemmy marks or other signs of forced entry on windows or doors
Window glass broken before the fire was ignited
Burn pattern above doors or windows and V shaped burns on external cladding
Aggravating factor of 267(1)
The fact that the defendant knowingly puts another person’s life at risk as an aggravating factor that brings the offending with in section 267(1)
Subjective and objective test
Subjective
What was the defendant thinking at the time, did the defendant know that human life was likely to be endangered by his actions?
Objective
If there is insufficient evidence that the defendant was conscious of the risk, the next question is:
What would a reasonable person have thought in the same circumstances
Would a reasonable person have recognised the risk
Seat of the fire - list some matters the specialist fire investigator should consider
- witness reports
- when they first noticed the fire and where they were at the time
- the state of the fire at the time
- wind direction and speed, weather
- the direction of the 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
Examples where carelessness causes fires
- misusing electricity
- children playing with matches, lighters
- burning off paint
- vagrants lighting fires
- welding and other industrial processes
- leaving clothes near heating
- ironing
- setting off fireworks
- using or storing flammable liquids
- burning rubbish
- using domestic camp fires
- leaving a stove or heater on
- leaving fat unattended while cooking
- smoking
Materials used to start a fire
- Readily available rubbish
- Molotov cocktails
- candles
- chemical igniters
- timing devices
- electric matches
- matches and cigarettes
Police responsibility 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 of the police or other agency
Powers conferred in S42 of the fire and emergency NZ act on the person in charge of the Fire Service at the fire site
1) enter any land, building or structure
2) break into any building or structure that may be on fire or otherwise endangered or is that near the emergency
3) take any equipment required into, through, or upon any land, building or structure
4) remove from any land, building or structure that is on fire any flammable, explosive, or dangerous material
5) cause any building or structure that is on fire or otherwise endangered to be pulled down or shored up
6) cause any building or structure to be pulled down or shored up at the time of the emergency or within a reasonable time afterwards
Examples of explosive
- gunpowder
- nitroglycerin
- dynamite
- gun-cotton
- blasting powder
- ammunition of all descriptions
- fog signals
- fuses
- rockets
- detonators
- cartridges
Possible suspects may include
- Owner/occupier for insurance fraud
- An employee to cover theft, forgery or false pretences
- A criminal to over their traces of a - crime such as burglary of homicide
- An angry person suffering from jealousy, hatred, desire or revenge
