Short answer Flashcards
What two things must be proved to establish recklessness
the defendant consciously and deliberately ran a risk
that the risk was an unreasonable one to take in the circumstances known by the defendant
When could a tenant be charged with burning down his flat under 267?
Where he has done it intentionally to cause loss to any person
when he has done it knowing or ought to know danger to life may ensue.
Cannot be convicted of recklessly damaging a tenanted property by fire
What alternative charge could be used for a tenanted P lab which blows up recklessly?
Permitting a premise to be used S12(1) MODA 75
To be guilty of an attempt a person must
intend to commit the offence
and take a real and substantial step to achieving that aim
Initial action, when speaking to the Fire Incident Controller what questions do you ask him? (TASWIAWTD)
(T) - The time & date of the call & the manner in which it was received
(A) - What Appliances attended
(S) - The state of the fire when the fire service arrived
(W) - What action the service has taken, Particularly in entering the building and ventilating it after the fire
(I) - What information the fire service has about the building’s security
(A) - What alteration they have made to the scene, ie they may have forced a door or window
(W) - Whether they think the fire is suspicious, and why
(T) - Their opinion of the informant, ie a person who regularly attends or reports fire may have lit them
(D) - Details of people or vehicles acting suspiciously in the vicinity
List 10 things that would suggest a fire has been started wilfully. (RAWFISHICU)
(R) - Evidence of intentional Removal of valuable property, or substitution of property
(A) - Evidence of accelerates such as;
- containers
- traces in debris
- smell
- unusually rapid spread or intensity of fire
- uneven burning
- burning under or behind boards where the liquid has run through the cracks
- multiple seat of fire
(W) - Signs that window and sky lights were opened to create a draft
(F) - Foreign material and objects, such as screws/batteries, that might be part of a device.
(I) - evidence of intentional interference,
- tampering with the alarm or sprinkler system
- hendering access
- misdirecting fire fighters
(S) - Signs that furniture was rearranged to create a fire base
(H) - Signs that a heater, soldering iron or other electrical appliance has been left on.
(I) - inconsistency (ie, that the fire is rapid burning but there is no obvious cause)
(C) - Sign a crime had been committed. the property may have been burned to destroy the evidence. even when a building has been burnt to the ground, the state of the recovered locks and fasteners may show whether it was secure at the time of the fire.
(U) - unusual burn patterns or unusual time factors (ie, that the fire started after the building was secured)
Note: a good investigator will continually reconstruct throughout their examination.
What is Section 28, Fire Service Act? (RECRD)
(R) - Remove vehicle impending the fire service. If necessary they can break into the vehicle for that purpose.
(E) - Enter private property when it is on fire or endangered, or when entry is essential to preforming a necessary duty.
(C) - Close roads
(R) - Remove people who are endanger or interfering with operations, using reasonable force if necessary.
(D) - Do anything else that is reasonably necessary for the protection of life and property.
The surrounding areas of the External Examination may also reveal what? (BCAP)
(B) - Business appears to be struggling
(C) - Contents of outbuildings missing
(A) - Accelerant containers
(P) - Property run-down
Things to look for in Preliminary Internal Examination when assessing if a fire is suspicious?
(BOMBSCOLASCURF)
(B) - Building areas in need of repair
(O) - Open filing cabinets or missing files
(M) - Missing family photographs, furniture and personal items
(B) - Burn patterns
(S) - Sign of hardship (empty flats, shops to let, etc)
(C) - Lack of clothing in wardrobes and draws
(O) - Owner/Occupier attitude during walk through (if access is permitted)
(L) - Low stock levels, in commercial premises
(A) - Presence of accelerants containers or trails
(S) - Separate unrelated seats of fire
(C) - Position of clothes if not in wardrobe or draws
(U) - Unusual odours
(R) - Rifled premises
(F) - Forced entry into an empty till
At the conclusion of the examination, the fire service will be able to determine? (PAT)
(P) - Point of Origin
(A) - Area of origin
(T) - The Seat of the fire
Guarding & controlling scene (PEEP VIRB)
to ensure origin and cause of the fire are established, the scene must be controlled and protected from the time fire/police arrive until the scene examination is completed.
the fire service will ensure the scene secured while the fire extinguished.
(P) - Preserving evidence
(E) - Ensuring the scene is not interfered with.
(E) - Exclusion and control of on-lookers, property owners and other interested parties
(P) - Preventing looting
(V) - Be vigilant and watch for possible suspects
(I) - Identify any witnesses amoung on-lookers and passes-by
(R) - Report all matters of significants to the O/C investigation and/or scene coordinator.
(B) - Be aware of re ignition from hot spots after the fire is out.
Conferences must be held during the scene examination to assist you with? (PAIRE)
(P) - Planning further Enquiries
(A) - Assessing information obtained
(I) - Identifying suspects
(R) - Reconstructing
(E) - Establishing possible motives
The O/C investigation should what on the beginning of a fire investigation (AAAA)
(A) - Appoint an Exhibits officer
(A) - Appoint a crime scene coordinator
(A) - Advise the fire investigation liaison officer
(A) - Appoint a scene examiner
Initial Action involving explosives (SCEIS)
S) - Remember there could be a secondary device anywhere at the scene, including nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
(C) - Do not use cellphones, portable radios or other transmitting devices.
(E) - Evacuate the scene to a distance of at least 100m. Ensure people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using explosives detector dog to locate the device.
(I) - If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour. If no DOL operators are available, consider utilizing a defence force expert. Bear in mind that the expertise of Armed Services operators relates primarily to military ordnance.
(S) - Give the SITREPS to Police COMMS.
Initial Action arson, three people to interview (ISO)
(I) - Informant
(S) - Specialist fire investigator
(O) - O/C of the first fire appliance to attend the scene.
Explosive, Scene Guard (SCE)
(S) - Remember there could be a secondary device anywhere at the scene, including nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
(C) - Do not use cellphones, portable radios or other transmitting devices.
(E) - Evacuate the scene to a distance of at least 100m. Ensure people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using explosives detector dog to locate the device.
Examining the scene of a fire involving explosives. What to look for at the scene? (ORR)
(O) - Once the scene has been declared safe, conduct a scene examination. Use video and photographs, as these are useful as a briefing tool and court record.
(R) - Remember to continually reconstruct.
(R) - Request the attendance of a suitably experienced ESR analyst. Ask them to bring suitable material for swabbing the scene and for swabbing hands, and examining the clothes, of any suspects.
Conference involving police and non-police. List these persons? (FOSSI POOF)
(F) - Fire investigation liaison officer
(O) - O/C CIB
(S) - Scene coordinator
(S) - Specialist fire investigating officer
(I) - Investigating officers
(P) - Photographer
(O) - O/C investigation
(O) - Other specialist as required
(F) - Fingerprints/SOCO
Following the preliminary examinations, you will accompany the Fire Safety Officer while they complete a detailed examination of the scene (SEW WRS SURFS) What will the safety officer review in the structure?
In this examination they will observe, note and take into account a number of observations including:
(S) - Smoke deposits and burn patterns
(E) - Elimination of false low burns
(W) - Damage to wall studs
(W) - Damage to windows sills & door edges
(R) - Damage to roofing timbers
(S) - Spalling (the cracking or chipping of concrete as a result of being heated & cooled)
(S) - Soot deposits on window glass and craze patterns
(U) - Under floor inspection
(R) - Removal of fire debris, and
(F) - Floor areas burned through
(S) - Skirting board damage
What are examples of no and high social utility?
No social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.
High social utility: surgeon undertaking a risky but potentially lifesaving surgery.
What are some examples of damaging 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 may be sufficient.
What is the difference between property under 267(1)(a), and property under paragraphs (b) and (c)?
Under 267(1)(a), the damage may be to ANY property. Matters such as the nature, value and ownership of the property are not relevant; it is the risk to another person’s life that raises the offending to the highest category of arson.
Paragraphs (b) and (c), deal only with property that is, in general, higher in value. It is the value of these items that raises the offending to the higher category.
Lower level property is dealt with in subsections (2) and (3) depending on the offender’s intent and the risk to other property.
What questions are asked regarding the subjective test within recklessness in 267(1)(a)?
What was the defendant thinking at the time?
Did the defendant know that human life was likely to be endangered?
What questions are asked regarding the objective test within recklessness?
What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?
What is the nature of belief required regarding claim of right?
The belief in a proprietary or possessory right in property
The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’
Belief must be held at the time of the conduct
The belief must actually be held by the defendant
What is outlined in Section 72(1) CA61?
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What is outlined in Section 72(2) CA61?
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
What is outlined is Section 72(3) CA61?
An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
What does ‘sufficiently proximate’ mean in relation to attempts?
He must have taken a ‘real and practical step’ towards committing it, although he does not need to have taken all the necessary steps to do so.
What does the Court analyse when assessing proximity?
The defendant’s conduct at the relevant time, in conjunction with evidence of his or her intent based on the circumstances and any steps taken leading up to that point.
To be guilty of an attempt, what must the defendant have done?
Progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.
