Short Answer Flashcards
What is recorded at a conference?
- All decisions made and the reasons they were made
- All considerations and a detailed plan of action completed and agreed upon
- Timings and specific roles for all parties at the scene
- Risk assessment
To be guilty of an attempt to commit an offence a person must…
Intend to commit the full offence and take real and practical step towards achieving that aim
Is recklessness sufficient for attempted arson?
No. There must be an intention to commit the full offence
Is it necessary that the property is actually set alight?
No. Fire damage often involves burning or charring but includes blistering of paint, melting and significant smoke damage.
List examples of carelessness that might result in a fire.
- misusing electricity
- children playing with matches or cigarette lighters
- burning off paint
- vagrants lighting fires for warmth, that get out of control
- 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
What materials could be used to start a fire?
Setting fire to readily available combustible material e.g. rubbish Candles Chemical igniters Electrical apparatus - Heaters, irons toaster with the lever tied down Matches Cigarettes Molotov cocktails Timing devices Trailers
Circumstantial evidence from which an offenders intent may be inferred can include…
The defendants words or actions before during and after the incident.
The nature of the act itself
The surrounding circumstances
What is the test for recklessness?
- Did the defendant knowingly take an unjustifiable risk? (subjective test)
- Was the risk unreasonable to take in the circumstances as they were known to the defendant?(objective test)
Both of these must be proven in order to prove recklessness.
Explain damages by fire.
Damage by fire can include burning, charring, blistering of paint, melting and significant smoke damage.
When must the Fire Service notify police about a fire?
When the fire results in serious injury or death
When the fire is considered suspicious
Explain damage to tangible and intangible property by fire or explosive
Only tangible property can be directly damaged by fire, intangible property can be indirectly damaged by fire i.e. information stored on a hard drive that is damaged by fire
What things are included as Explosives under section 2 of the Arms Act 1983?
Gun powder Gun cotton Blasting powder Dynamite Nitroglycerine Percussion Caps Rockets Detonators Fuses Cartridges Coloured flares Fog cannons Ammunition
Is a firearm or firework an explosive?
No. They are not defined as an explosive
Cause loss to any other person
Criminality can only arise from direct loss. Indirect loss such as loss of a bargain or loss of anticipated future profits are not included.
What three non-intentional causes of fire are often associated with alcohol abuse?
Leaving a stove or heater on
Leaving fat (cooking) unattended
Smoking
What natural causes can start a fire?
Sun rays Static electricity Lightning Chemical reaction Spontaneous combustion Rodents chewing through electrical components
Along with an SFI, who might you have attend a fire scene?
- fire investigation liaison officer
- ESR scientist
- rural fire investigator
- photographer
- fingerprint technician
- explosives inspector
- electrical inspector
- building inspector
- insurance assessor
- accountant
- forensic mapper/original floor plans
- pathologist
- vehicle inspector
- civil aviation inspector
- mines inspector
- forestry expert
- agricultural expert
- marine surveyor
- heating engineer
- meteorologist
The point of origin is the exact location at which:
The fire was maliciously lit
A component failed
An accidental fire originated
What is the most common method of setting a fire?
The ignition of readily available combustible material e.g. rubbish
Can a tenant be convicted of damage to tenanted property by fire under section 267?
Yes. If the defendant knew that danger to life was likely to ensue - 267(1)(a)
Yes. If the defendant intended to cause loss to any other person - 267(1)(c)
No. A tenant cannot be convicted of Recklessly damaging tenanted property - 267(1)(b)
What is immovable property?
Property is considered immovable if it is fixed to the ground and unable to be moved, even though it may be possible to make it moveable. In general it relates to buildings and land and things growing on land such as forests.
Explain knowing.
Knowing means to know or correctly believe. A defendant can believe incorrectly but cannot know something that is false.
Explain reckless.
R V HARNEY
Recklessness is a conscious and deliberate taking of an unjustifiable risk. In NZ it involves proof that the consequence complained of could well happen together with an intent to continue the conduct regardless of the risk.
Explain intentionally.
Intent is made up of two parts. First, the intent to commit the physical act and second, the intent to achieve a specific result.
Explain danger to life.
‘Life’ in this context means human life. The danger must be to the life of someone other than the defendant.
What is the golden rule when it comes to fire scene safety?
If it looks dangerous, it probably is, so don’t go in.
What was held in the court of appeal in R V ARCHER?
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Whether or not such a change amounts to damage is a matter of fact and degree to be determined on a case-by-case basis.
Do Police officers have a right to exercise powers under the Fire Service Act simply because they are at a fire?
No. They can only exercise these powers if called upon to do so by the member of the Fire Service in charge of the fire.
To be guilty of an attempt to commit an offence as defined in Section 72 C.A. 1961 a person must:
Have an intent to commit the full offence and have taken a real and substantial step towards achieving that aim. Must be sufficiently proximate to the full offence.
Is recklessness sufficient for attempted arson?
No. There must be an intent to commit the full offence.
What are some non-intentional causes of fires caused by faults?
Chimneys fires Heating systems Appliances Televisions left on standby Dust extractors Fans and ventilation systems Gas pipes and fittings Broken power lines
What to ask the owner of the damaged property.
When the building was last secured and by whom
Whether he or she knows the cause of the fire
Details of any suspects and any insurance
Type of business
Actions leading up to the fire
Examining the scene of an explosive includes what three actions?
Once the scene has been declared safe, conduct a scene exam using photos and videos
Continually reconstruct
Request ESR analyst
List some ways of identifying suspects
The circumstances of the fire
Fingerprints
Information from informants
Media response
Police resources, i.e. Intel, Youth section, FILO
Enquiries with prisons, hospitals, rehab centres and schools
Info from fire crews
The external examination should include examination of:
Nearby alleyways, streets, driveways Adjoining premises Periphery of the structure Yards and outbuildings Distance debris was scattered Accelerant containers Forced doors Attempts at forced entry Broken windows
What are some possible intentional electrical causes of fire?
A bar heater turned to face a wall or piece of furniture
An iron left flat on a surface
A toaster with the lever tied down
A pan of fat left on the stove
The submitted report must include?
Introduction Details of property the was damaged Circumstances leading up the fire Value of damage Results of the investigation Insurance information Results of general enquiries
Investigation of electrical fire includes what steps?
Information gathering Scene examination Debris examination Product examination Analysis and testing Opinion formation Reporting data and opinions
Excluding fire personnel, what witnesses will you interview at a scene?
Any informants Property owner/Occupier and their visitors Employees Neighbours On-lookers nearby Local Police staff
List five components for a successful serious crime scene examination.
Preservation Forensic teamwork Flexibility Communication Documentation
What does an SFI look for during the detailed internal examination?
Smoke deposits and burn patterns Elimination of false low burns Wall stud damage Window damage Roofing timber damaged Spalling Soot deposits Under floor inspection Removal of fire debris Floor areas burnt though Skirting board damage
Conduct suspect enquiries to establish what five things?
Motive Opportunity Mens Rea Capability Character, mental background, history, movement and behaviour
What powers are given under section 42 of the FENZ Act 2017?
a) Enter and land, building or structure
b) Break into any building that may be on fire or endangered or near the emergency
c) Take or send any equipment through any L,B or S
d) Remove from any L,B or S any flammable or combustible material
e) Cause any building or structure to be pulled down or shored up if it is on fire or endangered
d) Cause any building or structure to be pulled down at the time of the emergency or within reasonable time afterwards
Explain how to deal with fire related exhibits.
- Photograph in situ, label and preserve in containers
- Use approved arson kit if possible
- Take control samples from these including timber, ashes, liquids/accelerants, residue and soil.
Place sample in a nylon arson bag before placing in the arson tins, twist the bag at the neck, turn it over on itself and secure.
Explain how to deal with liquid exhibits.
Use only the bottles that are provided in the approved arson exhibit kits. Ensure the tops are tightly fastened. Clean the outside of the container before placing back into the polystyrene box.
In what area should the spoil from a suspicious fatal fire be stored?
In the warm zone. It needs to be clearly marked where it came from.
Detail the process for body removal.
Consider having the pathologist attend.
Consider recording the removal on video.
Best practice is that bubble wrap is used to secure the body parts and then packed in a clearly marked and protected box.
Look for medically inserted pins, teeth or protected skin to assist with ID.
Items to look for at a search warrant in relation to the suspect include:
Accelerants Containers Igniters Wick fabric Traces of debris.
