Arson Flashcards

Question

Define Danger to life. Subjective / objective test.

Answer 1

Life in this context means human life and the danger must be to someone other than the defendant. Subjective Test: What was the defendant thinking at the time? did the defendant know human life was likely to be endangered? Objective test: Would a reasonable person have thought in the circumstances? Would a reasonable person have recognised the risk?

Answer 2

A belief that at the time of the act, the offender either had a proprietary or possessory right to the property in question although it may be based on ignorance of law or fact

Answer 3

1. There must be a belief in proprietary or possessory right in property. 2. The belief must be about the rights of property in relation to which the offence has been committed. 3. The belief must be held at the time of the offence.

Answer 4

Ship means any vessel used in navigation, however propelled.

Answer 5

Person, owner, and other words similar words include the crown, public body companies etc. eg. An offender who sets fire to a Police car has caused loss to the Police organisation which is a "person" under the wider definition. Relates to 267(1)(c) causes loss to any person.

Answer 6

Attempted Arson Section 268 CA1961 - 7 years imprisonment. - A person - Attempts to - commit arson - in respect of any immovable property or any vehicle, ship, aircraft

Answer 7

Section 71 CA1961 Any act or omission, beyond mare preparation, with intent to commit an offence. Must be sufficiently proximate to the intended offence.

Answer 8

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime. The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant, thought not determinative.

Answer 9

The offenders' actions must be sufficiently proximate to the offense. The defendant must have gone beyond mare preparation and taken a real and practical step towards the actual commission of the crime.

Answer 10

- Lying in waitm searching for or following the contemplated victim. - enticing the victim to go to the scene of the contemplated crime - Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the offense will be committed - Possession, collection or fabrication of materials to be employed in the commission of the offence - Soliciting an innocent agent to engage in conduct constituting an element of the offence

Answer 11

Intentional Damage - Section 269(1) CA1961 - 10 Years imprisonment - A person - Intentionally or Recklessly - Destroys or Damages - Any property - He or She knows or Ought to know that danger to life is likely to result

Answer 12

Intentional Damage - Section 269(2) CA1961 - 7 Years imprisonment - A person - Intentionally or Recklessly - Without Claim of Right - Destroys or Damages - Any Property (a) in which that person has no interest; or (b) with intent to obtain any benefit, or with intent to cause loss to any other person

Answer 13

Intentional Damage - Section 269(3) CA1961 - 7 Years imprisonment - A person - Intentionally - Destroys or Damages - Any Property - With reckless disregard for the safety of any other property.

Answer 14

R v Wilson court ruled that tenant has an interest in the property so unless the damage is intentional and caused loss or, they intentionally or recklessly knew that danger to life would likely ensue, they cannot be convicted. 267(1)(b) - requires the element of "without claim of right" to be fulfilled, in R v WILSON it was found that the defendant had an interest in the property therefore a claim of right. 267(1)(c) - Not applicable because there is no reckless element.

Answer 15

To retain for oneself or any other person

Answer 16

Financial detriment

Answer 17

1. Hand over of the fire scene. 2. Access to the fire scene. 3. Process for examination and investigation. 4. Identification and collection of evidence at the fire scene.

Answer 18

- intent to cause losses to someone else as a result of the fire - know or ought to know that the fire will endanger life - know that the fire is likely to destroy or damage someone else's property as a consequence.

Answer 19

- 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 - direction of spread - the colour of the flames and smoke - the severity of the damage - depth of charring - the presence of starting devices - reports and opinions from other specialists

Answer 20

- misusing electricity - children playing with matches, cigarette lighters, etc - burning off paint - vagrants lighting fires - 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 campfires - leaving a stove or heater on - leaving fat unattended while cooking - smoking

Answer 21

- Readily available combustible material - rubbish - Molotov cocktails - candles - chemical igniters - timing devices - electric matches - electrical apparatus - matches and cigarettes - trailers

Answer 22

- conduct the criminal investigation or coronial enquiry - undertake responsibility for the protection, collection and recording of forensic evidence - Collection and removal of material for a fire crime scene will only be done by Police o other agencies with the authority to remove evidence - the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agency

Answer 23

(a )Enter any land, building or structure: (b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency. (c) take or send any equipment or machine required to be used into, through, or upon any land, building, or structure: (d) remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure: (e) Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicinity of any building or structure that is on fire or otherwise endangered to be pulled down or shored up (either in whole or in part): (f) cause any building or structure to be pulled down or shored up (either rin whole or in part) at the time of the emergency or within a reasonable time afterward.

Answer 24

When there is a fatality, serious injury or suspicious circumstances

Answer 25

From the least damaged area to the most damaged area (seat of fire)

Answer 26

Clear the scene in case a secondary device is present

Answer 27

1. The time and date the call was made and the manner it was received. 2. What appliances attended. 3. What state the fire was in when the Fire Service's arrived. 4. What actions were taken, particularly in the entry of the building and ventilating it after the fire. 5. Whether they thought the fire was suspicious and if so why? 6. Their opinions of the informants. 7. Were there any people or vehicles acting suspiciously within the vicinity at the time. 8. Was there information about the building security? 9. Were they any alterations to the scene, ie forced doors or windows

Answer 28

- An assessment of; o Inhalation of toxic particles o Ingestion of particles o Injection from sharp objects o Airborne dust, particles, etc. o Tripping of fire particles o Falling down, over, onto, or into any of the above o Items from above falling onto you or hitting objects - Formulate a strategy to prevent an occurrence or to mitigate the impact of the above.

Answer 29

Cratering, the spread of debris, an overlay of dust, shrapnel marks, and smell peculiar to the exploded material.

Answer 30

Once the fire is extinguished and any threat to life or property no longer exists

Answer 31

An intent to commit the full offence and that they took a real and substantial step towards achieving that aim

Answer 32

Conduct a scene exam using video and photos. Remember to continually reconstruct and request the attendance of a suitably experienced analysts who can swab for materials.

Answer 33

``` ● avoid interfering with the scene ● prevent looting ● prevent further fire or damage ● preserve evidence ● exclude and control onlookers, property owners, and other interested parties ● be vigilant and watch for suspects ● locate witnesses among onlookers and passerby's ● report all matters of significance to o/c investigations and/or crime scene coordinator ```

Answer 34

``` I - Identify suspects R - Reconstructing of the scene A - Assessing the information obtained P - Planning further enquiries E - Establish possible motives ```

Answer 35

1. There could be a secondary device so don't handle or interfere with anything unfamiliar. 2. Don't use cell phones or portable radios or the like. 3. Evacuate to a distance of 100m, ensure personal possessions are taken, and consider an explosives detection dog. 4. If an IED is located obtain assistance from an IED operator from DOL, and consider armed services if none are available. 5. Inform National Bomb Data Centre (NBDC) at PNHQ. 6. Give NBDC regular sitreps

Answer 36

- Explosions caused by gas generally cover a wider area than those by explosives and they do not leave a crater. - There could also be medical evidence of inhaled gas prior. - Implosions of cabinets

Answer 37

``` ● Accelerant containers ● Contents out of buildings missing ● Run-down property ● Apparent struggling business ● Nearby alleyways, streets, driveways ● The yards and outbuildings of the fire effected property. ● Adjoining premises often reveal; o Accelerant containers o Attempts at forced entry o Broken windows o Forced windows ```

Answer 38

● Signs of hardship ● Owner/occupier attitude during the walkthrough ● Unusual odors ● Presence of accelerant containers or trails ● Separate unrelated seats of fire ● Building areas in need of repair ● Open filing cabinets or missing files ● Missing family photos, furniture or personal items ● Burn patterns ● Lack of clothing in wardrobe and drawers ● Low stock

Answer 39

Area of origin / Point of orign / The seat of fire

Answer 40

Providing Explosives to Commit and Offence - Section 272 Crimes Act 1961 - A person - Knowingly - Has in his or her possession or makes any explosive substance, or any dangerous engine, instrument, or thing - with intent to use or enable another person to use the substance, dangerous engine, instrument, or thing, to commit an offence.

Answer 41

The exact location where: 1. A component failed. 2. A fire was maliciously lit 3. An accidental fire originated.

Answer 42

● What appliances attended ● What action was taken in entering the building and ventilating it after the fire ● What info fire has about buildings security ● What alterations were made to the scene ● Whether they think suspicious and why ● Time and date of call and manner it was received ● State of fire when they arrived ● Opinions on informant ● Details of any persons or vehicles acting suspiciously in the vicinity

Answer 43

● Smoke deposits and burn patterns ● Soot deposits on window glass and craze patterns ● Spalling (cracking/chipping of concrete as a result of being heated and cooled) ● Skirting board damage ● Damage to wall studs ● Damages to window sills and door edges ● Damage to roofing timbers ● Floor areas burned through ● Elimination of false low burns ● Removal of fire debris and underfloor inspection

Answer 44

``` ● When they first noticed the fire and where they were at the time ● State of the fire at that time ● Wind direction, speed and weather ● The direction of the spread ● Severity of the damage ● Colour of the flames and smoke ● depth of charring ● presence of starting devices ● reports and opinions of other specialists ```

Answer 45

● Evidence of the explosion ● Evidence of accelerants ● Uneven burning ● Traces in debris ● Multiple seats of fire ● Smell ● Evidence of intentional interference such as: - Tampering with alarm or sprinkler system - hindering access - misdirecting firefighters ● evidence heater or other appliance left on ● inconsistencies ● valuable property removed ● foreign material and objects ie, screws and batteries

Answer 46

The Fire Service Incident Controller

Answer 47

- Appoint an exhibits officer - Appoint a crime scene coordinator - Advise the fire investigation coordinator - Appoint a scribe - Appoint a scene examiner

Answer 48

lighter than air gases explode from the ground upwards, heavier than air gases explode from the roof downwards and cabinets implode in a gas explosion.

Answer 49

- Circumstances of the fire - Fingerprints - Information from informants and witnesses - Media response - Police resources such as criminal intelligence, youth aid - Enquiries at penal institutions, rehabilitation centers, and schools.

Answer 50

- Owner or occupier, for insurance fraud - Employee, to cover theft, forgery, or false pretenses - A criminal, to cover the traces of a crime such as a burglary - An aggrieved person suffering from jealousy, hatred, rage or desire for revenge - Pyromaniac suffering from mental illness - In the case of school fires, a pupil or ex-pupil - Business competitor

Answer 51

- Photograph and label the exhibits, and preserve them in containers - Use approved arson kits, if not available any suitable containers - Take control samples o Charred timber, ashes or debris from the seat of the fire o Any accelerants found near the scene o Soil from the surrounding area

Answer 52

- Conduct area enquiries - Conduct a preliminary interview with the owner, do they know; o When the premises last secured o Knows the cause of the fire o Details of any suspects and insurance o Type of business o Actions leading up to the fire - Note the owner's demeanor during the preliminary interview - Obtain statements from the informant, witnesses, and owner - Provide SITREP’s

Answer 53

* Lightning * Static electricity * Sun Rays * Chemical reactions * Rodents eating wires

Answer 54

* Burned facial skin * Smell of smoke * Residue of fuel * Products of combustion on skin

Answer 55

* Circumstances of the fire * Fingerprints * Media Response * Info from witnesses and informants * Info from fire crews on people who regularly attend fires * Enquiries at hospitals, prison and rehab centres * Police INTEL, youth services or FILO

Answer 56

``` Investigate them thoroughly according to priority and obtain: • Full particulars • Criminal history • Vehicles they may have accessed • Details of associates • Photographs ```

Answer 57

``` M – Motive M- Mens Rea O- Opportunity C- Connection with the scene and crime C- Character, mental background, history, movements and behavior. ```

Answer 58

* Fire where fatalities occur * Fire where serious life threatening injuries occur * Fire in buildings where built in fire safety features have failed or not performed to an expected standard * Structure fires where cause is suspicious or not determined * Significant fire spread across property boundary

Answer 59

C – Co-ordinate fire investigation training for any Police employees within area or district A – Assist area and district with fire investigation related enquires A – Attend every fire that results in serious injury or death P – Providing other advice and expertise as required C – Co – ordinate fire investigations in their designated area or districts A – Arrange Police attendance at fire scenes where required M – Maintain an effective relationship with the relevant Fire Service investigation liaison officer and fire specialist investigator E – Ensure comms is maintained with Police National Fire Investigation Coordinator, Police District Intel Manager and District Manager Criminal Investigations where appropriate

Answer 60

* Suitable helmet * Pair of overalls * Nose and mouth filter, full face respirator or full BA * Gloves * Heavy-duty footwear with steel soles and caps

Answer 61

1. Searching through an unstable structure | 2. Evacuating the scene to identify the cause of the fire

Answer 62

* Timber – burning and charring * Steel – expand, lose its strength * Concrete – Spalling / cracking * Masonry – deterioration of the mortar

Answer 63

1. Briefly interview your informant 2. Secure and control the scene 3. Initial Interview of the Specialist Fire Investigator (if present) and O/C of the fire appliance to attend the scene. 4. Interview the scene incident controller and find out: Date/time reported, what appliances attended, the state of the fire when services arrived, what action service has taken, what information fire service has about building security, what alterations they have made to the scene, suspicious and why?, opinion of the informant, details of suspicious people/vehicles. 5. If the fire is extinguished eneusre the safety of the scene before and conduct a preliminary examination with fire services. 6. If deemed suspicious then re-group and hold a briefing conference. 7. Confer with other staff and determine a plan of action. (Guard / control the scene, Interview witnesses, conduct local enquiries). 8. Provide sitrep to comms and request specialist units if required.

Answer 64

Step 1 – Send staff to interview people who work at other warehouses to see if any other attempted arsons. Step 2 – Conduct a preliminary interview with the owner. Find out: • When the premises were last secured and by whom • Where he or she knows the cause of fire: • Details of any suspects and insurance • Type of business • Actions leading up to the fire Step 3 – Note the owner’s demeanor during the preliminary interview. Step 4 – Complete interview and obtain formal statements from informant(s), witnesses and owner. Step 5 – SITREP to supervisor. Be prepared to speak at the scene conference

Answer 65

1. Prepare and organise staff and equipment, clear areas, and set clear areas of responsibilities. 2. Prepare examination and arrange for the site to be examined systematically. 3. Examine the exterior of the fire site. 4. Conduct a detailed internal examination. 5. Identify the cause of the fire. 6. Interview witness at the scene. 7. Photograph and label and preserve exhibits. 8. Conduct area inquiries.

Answer 66

The authorised person who is in charge of personnel engaged in an emergency: (a) may, subject to section 48, cause water to be shut off from, or turned into, any main or pipe in order to obtain a greater pressure and supply of water: (b) may cause any road or railway in the vicinity of the emergency to be closed to people or traffic during the emergency: (c) may— (i) remove any vehicle impeding personnel; and (ii) in order to remove the vehicle, use force or break into the vehicle if the authorised person considers it reasonably necessary: (d) may remove, using reasonable force if necessary, any person— (i) who, by his or her presence or otherwise, interferes with operations to deal with the emergency; or (ii) who, in the authorised person’s opinion,— (A) is in danger; or (B) is likely to cause danger to any other person or property: (e) may shut off or disconnect, or order any person able to do so to shut off or disconnect, the supply of gas, fuel oil, or electricity to any building or structure that is on fire or otherwise endangered or that is in the vicinity of the emergency: (f) may require the owner or occupier of the property, or the owner’s agent, to provide any information relating to the emergency that is reasonably necessary or desirable in order to perform or exercise his or her functions, duties, or powers: (g) may generally do all other things that are reasonably necessary— (i) to protect and preserve life; and (ii) to prevent or limit injury; and (iii) to prevent or limit damage to property and land; and (iv) to prevent or limit damage to the environment.

Answer 67

Handover of the fire scene Access to the fire scene Process for examination and investigation Identification and collection of evidence at the fire scene

Arson Flashcards

(91 cards)