List the elements of Arson 267(1)(a)
- Intentionally ‘or’ Recklessly
- Damages by fire ‘or’ By means of any explosive
- Any explosive
- Knowing or ought to know
- Danger to life is likely to ensue
Explain what recklessly means?
R V HARNEY
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course regardless of the risk.
Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are the exceptions?
Legally you are allowed to set fire to your own property, unless you:
- Intend to cause loss to someone 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.
The fire service specialist investigator will liaise with the designated police fire investigations liaison officer or other members of police in relation to four specific matter. What are these four matters?
- Handover of the fire scene.
- Access to the fire scene.
- Process for examination and investigation.
- Identification and collection of evidence at the fire scene.
In determining the seat of the fire list some of the matters the specialist fire investigator should consider?
- Witness reports
- When they first noticed the fire and where they were at the time.
- The state of the fire at that time
- Wind direction, speed and weather
- Direction of spread
- Colour of the flames and smoke
- Severity of damage
- Depth of charring
- The presence of starting devices
- Reports and opinions from other specialists
List five examples where carelessness may cause a fire?
- Misusing electricity
- Children playing with matches, cigarette lighters etc
- Burning off paint
- Vagrants lighting fires
- Welding and other industrial processes
- Leaving clothed near heating
- Wrapping up live ashes in paper
- Ironing
- Setting of fireworks
- Using or storing flammable materials.
- Burning rubbish
- Using domestic or camp fires
- Leaving a stove or heater on
- Leaving fat unattended while cooking
List five examples of material used to start a fire?
- Readily available combustible material- Eg Rubbish
- Molotov cocktails
- Candles
- Chemical igniters
- Timing devices
- Electrical matches
- Matches and cigarettes
- Trailers
Detail the Police responsibilities at a fire scene examination and investigation?
The Police responsibilities are:
The Police must:
-Conduct criminal investigations or coronial enquiry
-Undertake responsibility for the protection, collection and recording of forensic evidence.
-The collection and removal of material from a fire crime scene will only be done by police or other agencies with the authority to remove evidence.
- The preservation, analysis and subsequent disposition of any such material is the reponsibility of police or other agency.
Describe the powers conferred by section 42 of the fire and emergency act 2017 on the person in charge of the fire service at the fire site?
The powers conferred by section 42 of the fire and emergency NZ 2017 act on the person in charge of the fire service at the fire site are:
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 in 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 at the time of the emergency or within a reasonable time afterwards.
