List the elements of Arson in section 267(1)(a) crimes act 1961?
- 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 was likely to ensue.
Explain what recklessly means citing the relevant case law.
- recklessly is a taking of an unjustified risk.
- in Cameron v R recklessness is established if:
- the defendant recognised there was a real possibility that his actions would bring about the proscribed result, the proscribed circumstances existing and having regard to that risk those actions were unreasonable.
Legally you are allowed to set fire to or damage your own property, however there are exceptions to this rule. What are those exceptions?
- if you know or ought to know that the fire will endanger life (267(1)(a))
- intend to cause loss to someone else (267(1)(c))
- know that the fire is likely to damage someone else’s property (267(3)
The fire service specialist fire investigator will liaise with the designated Police fire investigation liaison officer or other members of the police in relation to four specific matter, what are these matters?
-handover of the fire scene.
- access to the fire scene.
- process for examination.
- 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
- wind direction, speed and weather
- the direction of the spread
- the colour of the flames and smoke
- severity of the damage
- depth of Charing
- the presence of starting devices
-reports and opinions from other specialist.
List 5 examples where carelessness may cause a fire?
- misusing electricity
- children playing with matches/lighters
- welding or other industrial processes
- leaving clothing near heaters
- ironing
- setting off fireworks
- burning rubbish
- using domestic or camp fires
- leaving the stove/cooker on
- smoking
- pets
List 5 examples of material used to start a fire?
- rubbish
- Molotov cocktails
- candles
- chemical lighters
- matches and cigarettes
- electrical apparatus
- timing devices
- trailers
Detail the police responsibilities at a fire scene examination and investigation?
- conduct the criminal investigation or coronial enquiry
- undertake responsibility for the collection of forensic evidence
- the collection of marital from a fire crime scene will only be done by Police or other agencies with authority
- the preservation, analysis and subsequent disposition of any such material is the responsibility of Police or other agencies.
