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Arson - 2019 > Short Answer > Flashcards

Short Answer Flashcards

1
Q

What is recorded at a conference?

A
  • 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
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2
Q

To be guilty of an attempt to commit an offence a person must…

A

Intend to commit the full offence and take real and practical step towards achieving that aim

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3
Q

Is recklessness sufficient for attempted arson?

A

No. There must be an intention to commit the full offence

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4
Q

Is it necessary that the property is actually set alight?

A

No. Fire damage often involves burning or charring but includes blistering of paint, melting and significant smoke damage.

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5
Q

List examples of carelessness that might result in a fire.

A
  • 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
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6
Q

What materials could be used to start a fire?

A 
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
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7
Q

Circumstantial evidence from which an offenders intent may be inferred can include…

A

The defendants words or actions before during and after the incident.
The nature of the act itself
The surrounding circumstances

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8
Q

What is the test for recklessness?

A
  1. Did the defendant knowingly take an unjustifiable risk? (subjective test)
  2. 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.

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9
Q

Explain damages by fire.

A

Damage by fire can include burning, charring, blistering of paint, melting and significant smoke damage.

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10
Q

When must the Fire Service notify police about a fire?

A

When the fire results in serious injury or death

When the fire is considered suspicious

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11
Q

Explain damage to tangible and intangible property by fire or explosive

A

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

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12
Q

What things are included as Explosives under section 2 of the Arms Act 1983?

A 
Gun powder
Gun cotton
Blasting powder
Dynamite
Nitroglycerine
Percussion Caps
Rockets
Detonators
Fuses 
Cartridges
Coloured flares
Fog cannons
Ammunition
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13
Q

Is a firearm or firework an explosive?

A

No. They are not defined as an explosive

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14
Q

Cause loss to any other person

A

Criminality can only arise from direct loss. Indirect loss such as loss of a bargain or loss of anticipated future profits are not included.

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15
Q

What three non-intentional causes of fire are often associated with alcohol abuse?

A

Leaving a stove or heater on
Leaving fat (cooking) unattended
Smoking

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16
Q

What natural causes can start a fire?

A 
Sun rays
Static electricity
Lightning
Chemical reaction
Spontaneous combustion
Rodents chewing through electrical components
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17
Q

Along with an SFI, who might you have attend a fire scene?

A
  • 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
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18
Q

The point of origin is the exact location at which:

A

The fire was maliciously lit
A component failed
An accidental fire originated

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19
Q

What is the most common method of setting a fire?

A

The ignition of readily available combustible material e.g. rubbish

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20
Q

Can a tenant be convicted of damage to tenanted property by fire under section 267?

A

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)

21
Q

What is immovable property?

A

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.

22
Q

Explain knowing.

A

Knowing means to know or correctly believe. A defendant can believe incorrectly but cannot know something that is false.

23
Q

Explain reckless.

A

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.

24
Q

Explain intentionally.

A

Intent is made up of two parts. First, the intent to commit the physical act and second, the intent to achieve a specific result.

25
Q

Explain danger to life.

A

‘Life’ in this context means human life. The danger must be to the life of someone other than the defendant.

26
Q

What is the golden rule when it comes to fire scene safety?

A

If it looks dangerous, it probably is, so don’t go in.

27
Q

What was held in the court of appeal in R V ARCHER?

A

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.

28
Q

Do Police officers have a right to exercise powers under the Fire Service Act simply because they are at a fire?

A

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.

29
Q

To be guilty of an attempt to commit an offence as defined in Section 72 C.A. 1961 a person must:

A

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.

30
Q

Is recklessness sufficient for attempted arson?

A

No. There must be an intent to commit the full offence.

31
Q

What are some non-intentional causes of fires caused by faults?

A 
Chimneys fires
Heating systems
Appliances
Televisions left on standby
Dust extractors
Fans and ventilation systems
Gas pipes and fittings
Broken power lines
32
Q

What to ask the owner of the damaged property.

A

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

33
Q

Examining the scene of an explosive includes what three actions?

A

Once the scene has been declared safe, conduct a scene exam using photos and videos
Continually reconstruct
Request ESR analyst

34
Q

List some ways of identifying suspects

A

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

35
Q

The external examination should include examination of:

A 
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
36
Q

What are some possible intentional electrical causes of fire?

A

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

37
Q

The submitted report must include?

A 
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
38
Q

Investigation of electrical fire includes what steps?

A 
Information gathering
Scene examination
Debris examination
Product examination
Analysis and testing
Opinion formation
Reporting data and opinions
39
Q

Excluding fire personnel, what witnesses will you interview at a scene?

A 
Any informants
Property owner/Occupier and their visitors
Employees
Neighbours
On-lookers nearby
Local Police staff
40
Q

List five components for a successful serious crime scene examination.

A 
Preservation
Forensic teamwork
Flexibility
Communication
Documentation
41
Q

What does an SFI look for during the detailed internal examination?

A 
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
42
Q

Conduct suspect enquiries to establish what five things?

A 
Motive
Opportunity
Mens Rea
Capability
Character, mental background, history, movement and behaviour
43
Q

What powers are given under section 42 of the FENZ Act 2017?

A

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

44
Q

Explain how to deal with fire related exhibits.

A
  1. Photograph in situ, label and preserve in containers
  2. Use approved arson kit if possible
  3. 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.

45
Q

Explain how to deal with liquid exhibits.

A

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.

46
Q

In what area should the spoil from a suspicious fatal fire be stored?

A

In the warm zone. It needs to be clearly marked where it came from.

47
Q

Detail the process for body removal.

A

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.

48
Q

Items to look for at a search warrant in relation to the suspect include:

A 
Accelerants
Containers
Igniters
Wick fabric
Traces of debris.

Arson - 2019 (5 decks)

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