1
Q
Arson section 267 (1)(a) CA 61
A
14 years
- Intentionally OR Recklessly
- Damages By Fire OR By Means Of Any Explosive
- Any Property
- If He Or She Knows Or Ought To Know That Danger To Life Is Likely To Ensue
2
Q
Arson Section 267(1)(b) CA 61
A
14 Years
- Intentionally OR Recklessly
- Damages By Fire OR By Means Of Any Explosive
- Without Claim Of Right
- Any Immovable Property OR Any Vehicle OR Ship OR Aircraft
- Which That Person Has No Interest
3
Q
Arson Section 267(1)(c) CA 61
A
14 Years
- Intentionally
- Damages By Fire OR By Means Of Any Explosive
- Any Immovable Property OR Any Vehicle OR Ship OR Aircraft
- With Intent To Obtain Any Benefit OR To Cause Loss To Any Other Person
4
Q
Arson Section 267(2)(a) CA 61
A
7 Years
- Intentionally OR Recklessly
- Damages By Fire OR By Means Of Any Explosive
- Without Claim Of Right
- Any Property That Person Has No Interest (Other then referred to in subsection 1)
5
Q
Arson Section 267(2)(b) CA 61
A
7 Years
- Intentionally OR Recklessly
- Damages By Fire OR By Means Of Any Explosive
- Any Property (Other than property referred in subsection 1)
- With Intent To Obtain Any Benefit OR With Intent To Cause Loss To Any Other Person
6
Q
Arson 267(3) CA 61
A
5 Years
- Intentionally
- Damages By Fire OR By Means Of Any Explosive
- Any Property
- With Reckless disregard for the safety of any other property
7
Q
Attempted arson section 268 CA 61
A
10 years
- attempts to commit arson
- in respect of any immovable property or any vehicle ship or aircraft
8
Q
Intentional damage section 269(1) CA 61
A
10 Years
- intentionally or recklessly
- destroys or damages any property
- if he or she knows or ought to know that danger to life is likely to result
9
Q
Intentional damage section 267(2)(a) CA 61
A
7 years
- intentionally or recklessly
- without claim of right
- destroys or damages any property
- in which that person has no interest
10
Q
Intentional damage section 269(2)(b) CA 61
A
7 years
- intentionally or recklessly
- without claim of right
- destroys or damages any property
- with intent to obtain any benefit or with intent to cause loss to any other person
11
Q
Intentional damage section 269(3) CA 61
A
7 years
- intentionally
- destroys or damages
- any property
- with reckless disregard for the safety of any other property
12
Q
Two types of intent
A
- Intent to produce a specific result
2. Deliberate act (more than involuntary or accidental)
13
Q
Who is responsible for proving intent
A
Onus is on the prosecution to prove an offenders intent beyond reasonable doubt
14
Q
Three factors of circumstantial evidence
A
- Surrounding circumstance
- Offenders actions and words before during and after
- Nature of act itself
15
Q
Case law for recklessness
A
R v harney
Recklessness means the conscious and deliberate taking of an unjustified risk together with an intention to continue the course of conduct regardless of risk
16
Q
Subjective and objective test for proving recklessness
A
- Subjective test - defendant consciously and deliberately ran a risk
- That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant
17
Q
How is damage by fire or explosive proved
A
MSBCB
- melting
- significant smoke damage
- burning
- charing
- blistering of paint
18
Q
Case law for damages by fire
A
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
19
Q
Describe explosive
A
Any substance or mixture or combination of substances which in is natural state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
20
Q
Name six examples of explosives
A
DRDGFF
- dynamite
- Rockets
- Detonators
- Gunpowder
- Fuses
- Fog signals
Not including firearms or fireworks
21
Q
What is property
A
Real and personal includes tangible such as physical items and intangible such as electricity
22
Q
What is meant by knows or ought to know
A
Knowing means knowing or correctly believing. May believing something wrongly but cannot know something that is false
Simester and brookbanks
23
Q
Subjective and objective test for knows or ought to know
A
- Subjective test - what was the defendant thinking at the time, know human life was likely to be endangered by actions
- Objective test - what would a reasonable person have thought in the same circumstances
24
Q
What is claim of right
A
A belief at the time of the act in a propriety or possessory right in the property in relation which offence alleged to be committed
25
What is a vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
26
What is cause loss and case law
Involves financial detriment to the victim
R v Morley
Loss is assessed by the extent to which the complaints position prior to the offence has been diminished or impaired
27
How is someone guilty of attempts
1. Intends to commit the offence
2. Takes a real and substantial step towards achieving that aim
Must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence
28
What is the case law for proximate
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stopped the defendants conduct may be considered on its entirety considering how much remains to be done is always relevant though not determinative
29
Who is responsible for health and safety
All police employees
30
Power and duties while fire being fought
| Section 28 fire service act 75
CARRE
1. Close roads
2. Anything else that is reasonably necessary for the protection of life and safety
3. Remove vehicles impeding the fire service. (Break in)
4. Remove people who are in danger or interfering with operations using reasonable force
5. Enter private property when on fire or endangered or entry is essential to performing a necessary duty.
Police may exercise these powers if called upon to do so by the member of the fire service in charge of fire
No right because they are present
31
When will fire notify police
1. Fire results in serious injury or death
| 2. Fire considered suspicious
32
What is the memorandum of understanding
An agreement between ambulance, fire and police to share information and detail roles for both organizations
33
Eight responsibilities of fire investigation liaison officer
PEA MACCA
1. Providing other advice and expertise as required
2. Ensure communication is maintained with the police national fire investigation coordinator, police district intelligence manager and district manager criminal investigations
3. Attending every fire that results in serious injury or death
4. Maintaining effective working relationships with the relevant fire service investigation liaison officer and fire service specialist fire investigator
5. Assisting areas or districts with fire investigations related enquiries
6. Coordinating fire investigations in their designated area or district
7. Coordinating fire investigation training for any police employees within the area or district
8. Arranging police attendance at fire scenes where required
34
Six responsibilities of specialist fire investigators
FSBASS
1. Fires where fatalities
2. Structure fires where the case is suspicious or cannot be determined
3. Buildings where built in fire safety features have failed or not performed to known or expected standards
4. Any other fire upon request by police or agency
5. Significant fire spread across property boundary
6. Structure fire of 3rd alarm equivalent (at least six appliance or greater) that may have a significant regional or national consequence
35
How many fire specialist investigators are called to a fire
Minimum two where fire related fatality or life threatening injury
36
Two responsibilities of fire service investigation liaison officer
EA
1. Establishing and maintaining effective working relationships with relevant police fire investigation liaison officers
2. Arranging fire service specialist fire investigator attendance at fire scenes where requested by police
37
Six phases of fire scene control, notification and handover
FFFPAI
1. Fire had authority over scene while fire in progress once extinguished and threat to life or property no longer exists, scene can be handed over
2. Fire will notify police if they consider fire deliberately lit or suspicious also if fatalities or life threatening injuries
3. Fire will handover when danger of fire structural collapse, exposure to dangerous products of combustion or other fire related hazards identified and eliminated isolated or minimised
4. Police investigating officer will confer with incident controller to confirm handover
5. Any scene involving multiple agencies all agencies will consult with each other prior to investigation or scene exam to develop investigation plan
6. Investigation plan will outline how investigation will proceed and role of each agency
38
When will the specialist fire investigator liaise with the fire investigation liaison officer or other member of police
HAPI
1. Handover scene
2. Access to scene
3. Process for examination and investigation
4. Identification and collection of evidence at scene
39
Police responsibilities at fire investigation
CUC
1. Conduct criminal investigation or coronial enquiry
2. Undertake responsibility for the protection collection and recording of forensic evidence
3. Collection and removal of material from fire crime scene will only be done by police or other agencies with authority to remove items
40
Seven types of injuries from fire hazards
ITIFCIA
1. Inhalation of toxic substances
2. Tripping on fire debris
3. Ingestion of toxic substances
4. Falling down over onto or into any obstructions or cavities
5. Cuts or wounds from sharp objects
6. Items from above falling onto you or hitting objects and causing a chain reaction
7. Air borne dusts
41
Two ways to identify best method of protection
1. Assessment of each hazard
| 2. Strategy to prevent an occurrence or to mitigate its impact
42
Six protective clothing items
HFSONG
1. Helmet
2. Footwear, steel soles and toe caps
3. Safety glasses
4. Overalls
5. Nose and mouth filter full face respirator or full ba
6. Gloves
43
Best rule to employ
If it looks dangerous it probably is so do not enter
44
Six common methods of setting fires
CCEETT
1. Candles
2. Chemical ignitor
3. Electrical apparatus
4. Electric matches
5. Matches and cigarettes
6. Molotov cocktails
7. Timing devices
8. Trailers
45
What witnesses to interview
POOFEN
1. Person who found the fire
2. Owners
3. Occupants and visitors
4. Fire fighters
5. Employees
6. Neighbors
46
Four scene security considerations
PEPS
1. Preserving evidence
2. Exclusion and control of onlookers, property owners
3. Prevent looting
4. Scene not interfered with
47
What four things should police also be aware of at a fire scene
RIBR
1. Reigniting from hotspots after fire extinguished
2. Identify any witnesses among on lookers and passers by
3. Be vigilant and watch for possible suspects
4. Report all matters of significance to oc investigation and scene coordinator
48
Points when conducting scene exam
The scene should be examined systematically from outside in. Establish a clear area for material removed during the search and avoid any cross contamination potential
49
Four points to consider when conducting external exam
ANDY
1. Adjoining premises which may reveal, accelerant containers, attempts at forced entry, broken windows, forced doors
2. Nearby alleyways, streets, driveways
3. Distance debris scattered
4. Yards and outbuildings of fire effected property
50
Six points of an preliminary internal exam
SMALLF
1. Signs of hardship
2. Missing family photos, furniture or personal items
3. Areas in need of repair
4. Low stock in commercial premise
5. Lack of clothing
6. Forced entry
51
Six points of a detailed internal exam
SSSDDD
1. Smoke deposits and burn patterns
2. Spaling (cracking or chipping concrete)
3. Soot deposits
4. Damage to wall studs
5. Damage to roofing timbers
6. Damage to window sills and door edges
52
Conclusion of internal exam can determine what
SAP
1. Seat of the fire
2. Area of origin
3. Point of origin
53
How can the cause of the fire be determined
CUTS
1. Containers
2. Uneven burning
3. Traces of debris
4. Smell
54
Five things that can show evidence of intentional interference
THEMF
1. tampering with alarms or sprinklers
2. Hindering access
3. Evidence of intentional removal of valuable property
4. Misdirecting fire fighters
5. Furniture rearranged to create fire base
55
Procedure for exhibits
1. Photograph in situ label and preserve in containers
2. Use approved arson kits if available
3. Take control samples
- charred timber and ashes or debris from seat of fire for examination and comparison with samples from other points
- any accelerants found near scene
- soil from surrounding area
56
What are the five reasons for conferences
1. Planning further enquiries
2. Assessing information obtained
3. Identify suspects
4. Reconstructing
5. Establishing possible motives
57
What is best practice for body removal
Where possible a forensic pathologist should be called prior to body removal
Investigator should always consider recovering body removal on video
Best practice is that bubble wrap is used to secure body parts and then they are packaged in a clearly marked and protected boxing
Ensure body is cooled prior to wrapping
Can include furniture the deceased was on at time of death and removed later
58
Who are four people that you should ensure are interviewed
FLOG
1. Found the fire
2. Last person to secured the building
3. Owner and occupier
4. Gave the alarm
59
Seven possible motives for arson
PCPEVFJ
1. Profit
2. Crime concealment
3. Pyromania
4. Excitement
5. Vandalism
6. Fraud
7. Jealousy
60
Insurance company info to obtain
1. Over insurance
2. Recent increases in cover
3. Info on prior claims
4. Insurance policies
61
Four ways may identify suspects
FCIM
1. Fingerprints
2. Circumstances of fire
3. Info from informants and witnesses
4. Media response
62
Five possible suspects to arson
PEAOC
1. Pyromaniac
2. Employee
3. Aggrieved person
4. Owner or occupier
5. Criminal
63
Evidence to obtain during a search warrant
DICWA
1. Debris from scene
2. Ignitors
3. Containers
4. Wick fabric
5. Accelerants
64
What should be included in a report for non explosive fires
IIDVRIR
1. Intro
2. Info about property
3. Details of the fire and events leading up to it
4. Value of damage
5. Results of investigation
6. Info on insurance
7. Results from general enquiries
65
Seven steps for electrical fires
ISDPAOR
1. Information gathering
2. Scene exam
3. Debris exam
4. Product exam
5. Analysis and testing
6. Opinion formulation
7. Reporting data and opinions
66
Seven sources of electrical fire
TECHSES
1. Toaster and curtain
2. Electric lamp and petrol ignitor
3. Ceiling exhaust fan
4. Heater's and clothing
5. Switchboard wiring by use of a gas torch applied to earth or natural bus
6. Electric urn, bread maker, water heater, deep fryer, rice cookers
7. Stew left on stove
67
What should you consider when attending fires involving explosives
1. Do not handle or interfere with anything unfamiliar
2. Do not use cell phones radios or transmitting devices
3. Evacuate scene to a distance at least 100m
68
What should you do with media
Allocate one person to deal with media to avoid differing accounts and maintain control over what is released
69
What are six characteristics of damage caused by explosives
OCSSSS
1. Overlay of dust
2. Cratering
3. Spread of debris
4. Shredding of materials
5. Smell peculiar to exploded material
6. Shrapnel marks
70
What are some things you may find as evidence of electrical detonators
NFLSD
1. Neoprene plug
2. Fragments of electric detonator casing
3. Lead wire
4. Short circuit shunt
5. Delay setting tag from lead wire
71
What should you consider when IED operator is making device safe
Encourage to use a non destructive method of making a device safe or one that involves the least possible destruction
Safety however outweighs the preservation of evidence
Consider having the operator record their initial assessment on video to record all items and placement prior to subsequent action. Can be used evidentially and for staff briefings
72
On top of the suspicious fire sampling kit what other items should you consider bringing to a arson investigation
PETSST
1. Permanent markers
2. Excavation tools
3. Tweezers
4. String
5. Saw
6. Tape
73
When using the suspicious fire sampling kit what should you always ensure
PLASK
1. Package is correctly addressed
2. Liquid samples are secure and isolated
3. All containers sealed and clearly labeled
4. Samples have not been and cannot be cross contaminated
5. Kit is forwarded as a unit even if only one container used
74
What should you do with liquid samples
Clean outside surface of bottles and place the bottles in a polystyrene box if possible hand deliver. Otherwise post the box under separate cover in a NZ post handibag or place in a tin secure tin and send entire kit
Do not forward anything other then the bottles provided and ensure tops are tight
75
How should you collect any liquid residue
Uplift residue with a clean dropper pipette and treat add a liquid sample
Absorb into a tissue and place in a tin
76
How should you send debris
In a tin
77
What is the rule around disclosing suspect information to other agencies
Generally criminal records not to be disclosed
However if it will significantly assist investigation check if suspect eligible under clean slate act 2004 function found in nia by someone with access
If eligible for clean slate do not disclose
If not eligible you may
78
What are important points in terms of ownership and control of a scene
IPPOET
1. Establish owner of buildings and property disputes may arise as tenant may not be owner
2. Insurance company will act as the owner of property if a claim has been made or insurance cover is applicable
3. Owner usually owns structure and most permanent fixtures such as light fittings, wiring, curtains and floors, tenants will own personal property such as appliances, clothingand furniture
4. Private investigators must not be permitted access to the fire scene until police and specialist fire investigator have completed their investigation, they may not remove from a scene any debris or evidence enough does not belong to the interests who engaged them.
5. Their is no legal obligation imposed on other interested parties to make available to police or fire service any evidence they might discover
6. Police and insurance council of new Zealand have a memorandum of understanding to work in the spirit of good will
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