DDP 2025 > Arson > Flashcards

Arson Flashcards

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1
Q

OFFENCE ELEMENTS:
267(1)(a) arson - danger to life

A

Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
Knowing or ought to have known that danger to life likely to ensue

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2
Q

OFFENCE ELEMENTS: 267(1)(b) arson - damage to property

A

Intentionally or recklessly
Without claim of right
Damages by fire, or by means of any explosive
Any immovable property, vehicle, ship or aircraft
In which that person had no interest

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3
Q

OFFENCE ELEMENTS: 268

A

Attempted Arson

Attempted to
Damage by fire OR damage by means of explosive
Any immovable property OR vehicle, OR ship OR aircraft

*not “any property”, as that would be wilful damage *

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4
Q

OFFENCE ELEMENTS: 269(1) - intentional damage

A

intentionally or recklessly
damages or destroys
any property
knowing, or ought to have known
danger to life likely to ensue

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5
Q

OFFENCE ELEMENTS: 269(2)(a),(b)

A

(a)
Intentionally or recklessly
without claim of right
destroy or damages
any property in which that person has no interest

(b)
Intentionally or recklessly
without claim of right
destroy or damages
any property
with intent to obtain benefit / cause loss to any other person

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6
Q

OFFENCE ELEMENTS: 269(3)

A

Intentionally
destroys or damages
any property
with reckless disregard to the safety of any other property

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7
Q

Crimes Act 272 - providing explosives 2 commit an offence
penalty?

A

2 years

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8
Q

OFFENCE ELEMENTS: 267(1)(c) arson - cause loss

A

Intentionally
Damages by fire or by means of any explosive
Any immovable property or vehicle or ship or aircraft
With intent to
Cause loss or obtain benefit to any other person

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9
Q

267(2)
Arson

A

(a) Relates to arson damaging ANY property not already covered in (1)(b) Same as DTL without danger to life.
(b) relates to obtaining benefit/cause loss to any property not covered in (1)(c)

7 years

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10
Q

PENALTY: 267(1)(a),(b),(c) ?
Arson

A

14 years imprisonmentfor each of 267(1)

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11
Q

PENALTY: 267(3) ?
What offence?

A

5 years imprisonment
Damages by fire, w/ reckless disregard any other property

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12
Q

PENALTY: 267(2)(a),(b) ?

A

(a) WOCR any property not covered in 267(1)
(b) cause loss/obtain benefit - property not covered in 267(1)

7 years imprisonment for each of 267(2)

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13
Q

DEFINITION: claim of right

A

Belief of a right to own or control a thing
Whether mistaken or by ignorance of law.

Does not have to be a reasonable belief, just held

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14
Q

DEFINITION: Danger to Life

A

DTL
Human life put in danger other than the defendant

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15
Q

DEFINITON: ship

A

Vessel used in navigation

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16
Q

DEFINITON: Social Utility

A

Something of societal benefit

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17
Q

DEFINITON: aircraft

A

Any machine that can derive support from the atmosphere from the reactions of the air. Otherwise by the reactions of the air against the surface of the earth (spaceship)

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18
Q

DEFINITION: benefit

A

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

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19
Q

DEFINITION: Molotov cocktail

A

Incendiary device that causes damage by spreading fire though the use of an accelerant. Not an explosive

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20
Q

DEFINITON: property
Arson
RTS

A

Incudes real and personal property and any estate, money, electricity and any debt, and any thing in action, and anything other right or interest

RTS
“The house is real property and is owned by Chuck”

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21
Q

DEFINITION: vehicle

A

Equiped with wheels and can move on them or is moved by them

Includes mechanically powered devices such as electric wheelchair, ride-on motorised lawn mower etc.

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22
Q

DEFINITION: person
Arson

A

Real person

Except in 267(1)(c) when loss can be caused to a company or organisation

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23
Q

DEFINITION: fire
Arson

A

Result of the process of combustion, a chemical reaction between fuel and oxygen triggered by heat.

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24
Q

DEFINITION: Explosive

A

any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such rapid rate as to result in an explosion or pyrotechnic effect

eg. gunpowder, nitroglycerine, dynamite, blasting powder, flares, fuses, percussion caps, detonators, ammunition

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25
DEFINITON: damages by explosive
Damage caused by any substance or mixture or combination of substances capable of resulting in an explosion or pyrotechnic effect Gunpowder, dynamite, flares, fueses, rockets etc
26
DEFINITON: knows or ought to know Arson
KOOT(K) (a) risk to life Did the defendant know of the risk Or would a reasonable person have been able to recognise the risk based on the circumstances
27
DEFINITION: likely to ensue
Doesn’t have to, but could have happened. Was there a chance of DTL happening - reckless. TIPPLE
28
DEFINITON: without claim of right CASELAW?
No belief, whether mistaken or though ignorance of law that they have a claim to the property. WILSON
29
DEFINITON: Arson 267(1) Crimes act section a? b? c?
Damage property by fire or explosives. Damage can include smoke or damage caused by heat of a fire. Doesn’t have to be directly “touched” by the fire 267(1) - heaven/hell = fire = arson (a) risk to life (b)ugger all interest in property (c)ause loss/obtain benefit
30
DEFINITON: likely
Chance of happening
31
DEFINITION: damage
Permanent or temporary physical harm or temporary impairment of its use or value
32
DEFINITON: immovable property
Property than cannot be moved without damaging the ground around it. Crops, house foundations, a wall/fence
33
DEFINITION: Attempts
Having an intent to commit an offence Does or omits an act for the purpose of accomplishing his objective wether the situation makes it possible to commit the offence or not
34
DEFINITON: cause loss
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or reduced The complainant/victims property value or utility has been reduced because of the offence, or in relation to the offence
35
DEFINITION: no interest CA61 section? Arson
267(1)(b) Does not own, rent or have control of the property (items)
36
DEFINITON: damages by fire
Cause blistering, melting, charing, smoke damage
37
DEFINITION: SFI
Specialist Fire Investigator
38
DEFINITION: FSILO
Fire Service - Investigation Liaison Officer
39
DEFINITION: FILO
Police - Fire Investigation Liaison Officer
40
267(1)(b) applies to what type of property
Arson damaging immovable property, vehicle, ship, aircraft
41
267(1)(c) applies to what type of property
Immovable property, vehicle, ship, aircraft
42
267(1)(a) applies to what type of property?
267(1) - 7 Heaven - 6 devil hell Fire - Arson Any property. Moveable or imovable
43
267(1) which subsections can be reckless?
(a) & (b) (c) - cannot recklessly cause fire to INTENTIONALLY cause loss/obtain benefit
44
Attempted arson has intention.
Attempts requires same mindset as the full offence person intended to carry out the offence but some other thing caused the failure - wind/weather/intervention/knowledge/capability Still a deliberate act to bring about a specific result
45
Is it necessary (c) for the victimis loss to result in benefit to offender?
No. Damage property, to cause loss out of jealousy etc.
46
267(1). What sections can be intentional?
All of them a, b, & c
47
CASELAW: R v ARCHER Explanation
Fire an arrow into property causes damage. Damage to property that is either temporary or permanent or causes temporary impairment of its use or value
48
CASELAW: R v SMITH DTL
Will SMITH has no common sense and endangered someone else’s life Danger to life. Common sense requires danger to life should be interpreted as danger to the life of some person other than the setter of the fire Cannot cause danger to life to self.
49
CASELAW: R v MORLEY Arson
How much MORE loss has been caused Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
50
CASELAW: CAMERON v R
CAMERON is a reckless boy There was a real possibility His actions would bring about proscribed result The proscribed circumstances existed Regarding those risks, actions were unreasonable
51
CASELAW: CAMERON v R *Test* a b
Part a of CAMERON test is completely subjective a real possibility - requires the defendant recognise the risk the offence anticipates being POSSIBLE Part b is subjective and objective Looks at whether the defendants actions were objectively reasonable, given the risk the defendant understood - without social utility, running the risk is unreasonable and reckless - with some social utility, deciding if actions were unreasonable depends on if a reasonable and prudent person would have taken the risk
52
CASELAW: TIPPLE
Having a TIPPLE makes you reckless Acknowledged risk or had conscious appreciation of the risk, but deliberately decided to “run the risk” regardless
53
CASELAW: R v HARPUR Attempts 🐳⛴️
HARPUR = HARPOON alone ok. Harpoon, ship, crew, sea = whaling attempt. Essentially outlines that independent acts when assessed in isolation, can be viewed as preparatory But when viewed collectively as part of the overall circumstances, can amount to a criminal “attempt” Sufficiently proximate
54
CASELAW: proving intent. And explanation Circumstances
R v COLLISTER Circumstantial evidence to infer an offenders intent. Actions and words - before - during - after the event Surrounding circumstances The nature of the act itself
55
[Fire Service] Investigation Liaison Officer does what? FSILO
Arrange Fire Service Specialist Fire Investigator attendance Maintain relationships with FILO [Police] Fire Investigation Liaison Officers)
56
SFI liases with Police FILO about what?
Specialist Fire Investigator Handover of Fire Scenes Access to fire scene Process for examination and investigation Identification and collection of evidence at fire scene
57
Fire and Emergency New Zealand Act 2017 (FENZA 2017) gives powers to what? S42
4x2 - building - Enter any land, building or structure - break into any building, or structure that may be on fire or otherwise endangered, or that is near the emergency - take or send any equipment or machine require, through onto, upon, over, any land, building or structure - remove from any land building or structure that is on fire/endangered/near, any flammable/combustable/explosive or dangerous material - cause any building/structure that is on fire/endangered/near to be pulled down in whole/part - cause any building/structure to be pulled down at the time or within a reasonable time afterwards
58
Fire and Emergency New Zealand Act 2017 (FENZA 2017) gives powers to what? S43
S43 cut a tree - cause vegetation to be cut down/ pulled down - set fire to cause Blackburn
59
When do Specialist Fire Investigators attend fires?
- fatality or serious life threatening injury - suspicious cause - any other fire where Police or other agencies request - fire appliances have failed (sprinklers or alarms) - significant regional or national consequences or 6+ trucks attend
60
Fire and Emergency New Zealand Act 2017 (FENZA 2017) gives powers to what? S44
S44 - Close a rail corridor Close a road Remove vehicles use force to move vehicle use force to stop people interfering with operation or is in danger, or likely to cause danger to people/property Shut off gas/fuel/electricity Generally all things necessary to protect life, prevent injury
61
6 stages of a fire investigation
1 - Fire Service has authority while fire in progress, hand over to appropriate agency once fire out/ no more threat to life/property 2 - Fire Service notify Police if suspicious/deliberate 3 - Incident controller can hand over authority to Police 4 - Fire Service will hand over once danger/hazards have been identified, eliminated, isolated or minimised 5 - multi agency response will require consultation to develop investigation phase 6 - role of each agency and how investigation will proceed
61
Fire scene safety - hazards are?
Tripping on debris Inhalation of toxic substance Ingestion of particles Air borne dust etc. Cuts from sharp objects Falling into cavities Falling objects
62
Police responsibility for fires
Must conduct criminal investigation and coronial enquiry Undertake protection, collection and recording of forensic evidence
63
Fire scene safety - hazards are?
tripping on debris Breathing dust particles Toxic substances Ingestion of particles Falling into cavities falling objects cuts from sharp objects
64
Forensics at fire scenes
Walk on the wall side of stairs
65
Fire scene PPE
Helmet Overalls filter mask Gloves Safety glasses Heavy duty footwear
66
common ways of fires starting, either accidents or purposeful
candles - left to burn down Chemical igniters - potassium permanganate, sugar, glycerine - left to mix surrounded by kindling - leaves green residue Electrical items - bar heater, iron on a flat surface, toaster with lever tied down, pan of fat or flammable liquid on stove matches and a cigarette Molotov cocktail - petrol, may be mixed with rubber, soap, polystyrene Trailers - trail of chemicals as a fuse-type device
67
Initial Action for fire scenes
Interview informant (could be suspect) secure scene interview of SFI / Initial fire appliance OC interview IC of scene ensure safety of scene if suspicious - group briefing conference Plan of Action with staff - scene guard, witnesses, local enquiries
68
Fire scene witnesses are who?
initial informant of fire firefighters occupants/visitors of address employees owner neighbours spectators local police passer-by security staff vendors/delivery people reporters/photographers
69
Fire scene, things to consider?
Cordon zone common approach path general crime scene examination / forensics
70
What is an arson tin?
metal tin to store debris / samples from fires. place exhibits / samples in nylon arson bag and twist goose neck then place in tin - tin can rust
71
What is a fire conference?
assist with suspicious fires assessing information reconstructing possible motives identify suspects plan enquiries
72
who is part of fire conference?
OC CIB CSC - crime scene coordinator FILO OC investigation Investigating officers SFI's Photographer SOCO / fingerprint section other specialists
73
removal of bodies from fires, what to do?
consider recording movement bubblewrap and label body parts and place in protective container Look for medical screws, teeth etc look for protected skin for Id purposes - hands curl in protecting fingers and palm
74
Fire investigations, suspects and motives?
consider pyro / fire-bugs similar MO fires Insurance fraud - insurance council nz can provide info on double insured properties
75
Fires from explosives / IED (improvised explosive device) Specialist groups?
Bomb squad - defence SSG
76
Fire scenes from explosives, beware of what? Consider what?
secondary devices, transmitting devices, safe distance evac, consider detector dog to make clear
77
Fires from explosives - who should attend
ESR specialist use a suspicious fire sampling kit
78
Fire by explosive - what to look for?
cratering spread of debris shredding of materials particular smell (often almonds) overlay of dust shrapnel marks containers detonators fuses igniter cord packing material
79
Fires from explosives - what to sample?
debris liquid residue
80
SFI consider what to determine seat of the fire?
V burn pattern witness accounts wind/weather at time of fire burn directions colour of flames severity of damage depth of charring - longer smoulder deeper charring starting devices
81
Examples of careless fire starting
children playing with matches unattended oil/fat cooking heater left on clothing drying near heater ironing burning rubbish fireworks
82
examples of material used to start fires
combustable material chemical igniters molotov cocktail timing device electrical matches matches/cigarettes trailers (trail chemicals/fuses etc)
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