Questions Flashcards
What are the ingredients for section 267(1)(b) ?
Intentional - Recklessly Without claim of right Damages by fire - explosives Any immoveable property - vehicle - aircraft - ship Which that person has no interest
What is the definition of property ?
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, any debt or anything in action or any other right or interest
Explain R v Archer ?
Property may suffer temporary or permanent physical harm or temporary or permanent impairment in its use or value
What is the different between Gas Explosion and something setting explosives ?
Explosions caused by gas generally cover a wider area than those caused by explosives and they do not leave a crater.
After the conclusion of the examination, the fire service will be able to determine ?
Area of origin
Point of origin
Seat of the fire
Define Claim or Right ?
A belief at the time of the act in proprietary and possessory right in property in relations to which the offence is alleged to have been committed
What are the elements of 267(1)(a) ?
Intentionally - Recklessness Damages by fire - Explosives Any property Know or ought to know Danger to life is likely to ensure
What are the questions to ask the owner of property ?
When the premises were last secured and by whom ? Whether they know the cause of fire Details of any suspect ? Type of business Actions leading up to fire
Handling of exhibits (FIRE) ?
Photograph in situ
Used approved arson kit if available, if not use suitable containers such as unused 4L paint fines
Take control samples
1. Charred timber & ashes/debris from seat of fire for examination and comparison
2. Any accelerant from near scene
3. Soil from the surrounding area
Enquires with insurance companies ?
The service of an assessor, to value of building and the damage
Particulars of the insurance on the premises and their contact
Copies of insurance policies
Details of any
- increase in cover
- over insurance
(These may indicate movies)
Definition of benefit ?
Any benefit, pecuniary advantage, privilege, service, property, valuable consideration
What are the two intents for section s267(1)(c) ?
With intent to obtain any benefit
With intent to cause loss to any person
List five points to consider to determine the seat of fire ?
Witness report Wind direction and weather Direction of spread When they first noticed the fire, and where they were at the time The state of the fire at the time
Four responsibility of a scene guard ?
Be aware of re-ignition from hotspots after the fire is extinguished
Be vigilant and watch for possible suspects
ID witnesses among on lookers and passers-by
Report all matters of significant to the OC investigators and/or scene co-ordinators
Four things discussed at conferences ?
Reconstruction of the scene
Further enquires
Possible motives
Accessing information obtained
What three steps should you take on arrival in relations to an explosive
- Once the scene is the cleared safe contact scene examination utilising photographers or video
- Continually re-construct request attendance of suitable qualified user analyst.
- Ask them to bring suitable equipment and materials for swabbing.
Explain Cameron V R
Recklessness is establish
if the defendant recognise that there was a real possibility
his or her action would bring about the prescribed results and or that
the prescribed circumstances existed
having regard to those risk those actions were unreasonable.
External Examination take into account ?
Distance debris has scattered Nearby alleyways/streets/driveways Yards and outbuildings of the fire effected property Adjoining premises which often reveal - accelerants containers - attempted at force entry - broken windows
What questions do you ask the incident controller ?
Time and date of call and manner it was received
What appliance attended
The state of fire when fire service attended
Whether they believe the fire was suspicious if so why ?
What altercations were made to the building ? E.g broken doors/ windows
What actions were taken particular entry to the building and ventilating the building ?
10 things that would suggest a fire has been started wilfully ?
Evidence of accelerants (containers)
Evidence of intentional removal of valuable property
Evidence of explosions
Misdirecting fire services
Multiple seats of fire
Uneven burning
Unusual burn patterns
Unusually rapid spread or intensity of fire
Tampering with the alarm of sprinklers system
Hindering access
When must fire service report a fire to Police ?
Fatality
Serious injuries
Suspicious fire
When conducting a prelim internal exams I took where should you Start ?
From the least damage into the most damaged/seat of the fire
What must you do when a fire has been started by explosives ?
Clear the scene in case of secondary device is present
Do not handle or interfere with anything unfamiliar
Evacuate the scene to a distance of at least 100m
If IED located immediately obtain assistance of an IED operator from the Department of Labour
Who must you liaise with at fire scene ?
Fire service incident controller
A person can be held criminally liable for recklessness if ?
They know or ought to know life or property is in danger or damaged
Surrounding areas external examination reveal ?
Accelerant containers
Contents of outbuildings
Property run down
Business appears to be struggling
4 points in relations to preliminary internal examination ?
Commercial Premises - Low Stock Buildings areas in need of repair Signs of hardship Missing family photographs, furniture and personal items Lack of clothes in wardrobe and drawers Open filling cabinets or missing files Forced entry into an empty till
Common approach path
All traffic through the scene should be limited to corridors paths which will keep disturbances of the scene to a minimum
- reduce evidence being damaged
- reduce evidence being introduced to the scene after the event
Clean path method
- Create a path to the centre of explosions
- Laying clean unused roll of plastic or by using approved stepping plates
- Have ESR analyst swab the area immediately
- Vertical sheets of iron adjacent to the blast, such as street signs or fencing after often good source of residue
