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DDP Modules > Arson > Flashcards

Arson Flashcards

1
Q

Arson danger to life
(Act & Section)

A

Section 267(1)(a), Crimes Act 1961

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2
Q

Arson 267(1)(a)
(elements)

A

Section 267(1)(a)

  • intentionally or recklessly
  • damages by fire or damages my means of any explosive
  • any property
  • if he/she knows or ought to know that danger to life is likely to ensue
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3
Q

Arson no interest
(Act & Section)

A

Section 267(1)(b), Crimes Act 1961

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4
Q

Arson 267(1)(b)
(elements)

A
  • intentionally or recklessly
  • without claim of right
  • damages by fire or damages by means of any explosive
  • any immovable property or vehicle or ship or aircraft
  • in which that person has no interest
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5
Q

Arson obtain benifit/cause loss
(Act & Section)

A

Section 267(1)(c), Crimes Act 1961

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6
Q

Arson 267(1)(c)
(elements)

A
  • intentionally
  • damages by fire or damages by means of any explosive
  • any immovable property or vehicle or ship or aircraft
  • with intent to obtain any benifit or to cause loss to any other person.
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7
Q

Arson other property
(Act & Section)

A

Section 267(2)(a), Crimes Act 1961

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8
Q

Arson Section 267(2)(a)
(elements)

A
  • intentionally or recklessly
  • without claim or right
  • damages by fire or damages by means of any explosive
  • any property (other than in s(1))
  • in which that person has no interest
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9
Q

Arson other property for benifit/cause loss
(Act & Section)

A

Section 267(2)(b), Crimes Act 1961

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10
Q

Arson Section 267(2)(b)
(elements)

A
  • intentionally or recklessly
  • damages by fire or damages by means of any explosive
  • any property (other than in s(1))
  • with intent to obtain any benefit or cause loss to any other person
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11
Q

Arson reckless
(Act & Section)

A

Section 267(3), Crimes Act 1961

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12
Q

Arson Section 267(3)
(elements)

A
  • intentionally
  • damages by fire or damages by means of any explosive
  • any property
  • with reckless disregard for the safety of any other property.
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13
Q

Intent (define)

A
  • a deliberate act
  • intent to get a specific result
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14
Q

Deliberate act:

A

“Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental

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15
Q

Intent to produce a result:

A

The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”

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16
Q

Intent (case law)

A

R v Collister

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17
Q

Intent (R v Collister held)

A

Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during, and after the event
- the surrounding circumstamces
- the nature of the act itself

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18
Q

Recklessness (case law)

A

Cameron v R

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19
Q

Recklessness
(Cameron v R held)

A

Recklessness is established if:
(a) the defendant recognized that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

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20
Q

Recklessness subjective
(case law)

A

R v Tipple

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21
Q

Recklessness (R v Tipple held)

A

The concept is subjective in that it requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

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22
Q

Damage Case law

A

R v Archer

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23
Q

Damage (R v Archer held)

A

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impartment of its use or value.

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24
Q

Damage by fire (Define)

A

Will often involve burning or charring, it is not necessary that it is set alight; melting, blistering of paint or significant smoke damage may be sufficient.

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25
Q

Explosive Definition (Section 2(a), Arms Act)

A

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

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26
Q

Explosive Definition (Section 2(b), Arms Act 1983)
List

A

Without limiting paragraph (a) of this definition, includes
- gunpowder
- nitroglycerin
- dynamite
- gun-cotton
- blasting powder
- fulminate of mercury or of other metals
- colored flares
- fog signals
- fuses
- rockets
- percussion caps
- detonators
- cartridges
- ammunition of all descriptions; and

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27
Q

Explosive definition (Section 2(c), Arms Act 1983)

A

Without limiting paragraph (a) or (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or (b) applies as an integral part of it for the purpose of producing and explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and

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28
Q

Explosive definition (Section 2(d), Arms Act 1983)

A

Does not include any firework as defined in Section 2 of the Hazardous Substances and New Organisms Act 1996

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29
Q

Property (Define)

A

Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest.

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30
Q

Knows (Define)

A

Simester and Brookbanks
Knowing or correctly believing, the defendant may believe something wrongly, but cannot ‘know’ something that is false

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31
Q

Danger to Life (case law)

A

R v Smith

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32
Q

Danger to life
(R v Smith held)

A

Common sense requires that ‘danger to life’ should be interpreted as “danger to the life of some person other than the setter of the fire”

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33
Q

Immovable property define

A

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

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34
Q

Interest in property (case law)

A

R v Wilson

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35
Q

Interest in property (R v Wilson held)

A

Tenancy of a property constitutes a interest in it.

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36
Q

Aircraft define

A

Aircraft means any machine that can derive support in the atmosphere from the reaction of the air otherwise than by the reaction of the air against the surface of the earth

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37
Q

Ship define

A

Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.

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38
Q

Vehicle define

A

Vehicle
means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Includes: hovercraft, skateboard, in-line skates, roller-skates

Excludes:
- pram/push-chair,
- shopping/sport cart not motorized,
- wheelbarrow/hand trolley,
- pedestrian controlled lawn mower,
- pedestrian contolled agricultural machine not motor propelled,
- furnature,
- wheelchair not powered,
- rail vehicle

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39
Q

Claim of Right define

A

Claim of right in relation to any act, means a belief at the time of the act in a proprietary or possessor right in property in relation to which the offence is alleged to have been committed,
although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enacent against which the offence is alleged to have been committed

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40
Q

Loss (case law)

A

R v Morley

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41
Q

Loss (R v Morley held)

A

Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impared

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42
Q

obtain define

A

obtain in relation to any person, means obtain or retain for himself or herself or for any other person

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43
Q

Benifit define

A

Benifit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

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44
Q

Person define

A

Person, owner, and other words and expressions of the like kind, include
- the Crown and
- any public body or local authority, and
- any board, society, or company, and
- any other body of persons, whether incorporated or not, and
- the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

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45
Q

Attempted Arson (Act & Section)

A

Section 268, Crimes Act 1961

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46
Q

Attempted Arson (Elements)

A
  • Attempts to commit arson
  • Of any immovable property, or vehicle, or ship, or aircraft.
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47
Q

Attempted Arson Crown must prove

A
  • intended to commit the offence and
  • took a real and substantial step towards achieving that aim
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48
Q

Attempt (case law)

A

R v Harpur

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49
Q

Attempt Act or omission (R v Harpur held)

A

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime

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50
Q

Attempt Sufficiently Proximate (R v Harpur held)

A

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendant’s conduct may be considered in its entirety. Considering how much remains to be done… is always relevant, though not determanitive

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51
Q

Examples of attempts (from American penal code)

A
  • lying in wait, searching for or following the contemplated victim
  • enticing the victim to go to the scene of the contemplated crime
  • reconnoitring the scene of the contemplated crime
  • unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
  • possession, collection, or fabrication of materials to be employed in the commission of the crime
  • soliciting an innocent agent to engage in conduct constituting an element or the crime
52
Q

Arson penalties

A

Section (1) - 14 years
Section (2) - 7 years
Section (3) - 5 years

53
Q

Attempted Arson penalty

A

10 years

54
Q

Intentional Damage (Act & Section)

A

Section 269, Crimes Act 1961

55
Q

Intentional Damage s269(1)
(Elements)

A

Section 269(1)
- intentionally or recklessly
- destroys or damages
- any property
- if he/she knows or ought to know danger to life is likely to result

56
Q

Intentional Damage s269(2)(a)
(Elements)

A

Section 269(2)(a)
- intentionally or recklessly
- without claim of right
- destroys or damages
- any property
- in which that person has no interest

57
Q

Intentional Damage s269(2)(b)
(Elements)

A

Section 269(2)(b)
- intentionally or recklessly
- without claim of right
- destroys or damages
- any property
- with intent to obtain any benefit or cause loss to any other person

58
Q

Intentional Damage s269(3)
(Elements)

A

Section 269(3)
- intentionally
- destroys or damages
- any property
- with reckless disregard for the safety of any other property

59
Q

Arson Penalties

A

Section 267(1) - 14 years
Section 267(2) - 7 years
Section 267(3) - 5 years

60
Q

Intentional Damage penalties

A

Section 269(1) - 10 years
Section 269(2) - 7 years
Section 269(3) - 7 years

61
Q

Fire investigation protocol
MOU both agencies want to ensure…

A
  • investigations of fire scenes by the Fire Service and the Police are efficiently coordinated, and expertly and independently conducted; and
  • any relevant evidence is protected and collected for potential criminal prosecutions or coronal enquiries.
62
Q

Fire investigation protocol
The Fire Service will notify Police if:

A
  • a fire results in serious injury or death; or
  • a fire is considered suspicious
63
Q

Powers and Duties
While a fire is being fought (Police must…)

A

All Police present must cooperate with the person in Charge of the Fire Service at a
- fire,
- suspected fire or
- other emergency

64
Q

Powers and Duties
While a fire is being fought (Fire Service powers)

A

The person in charge of the Fire Service is charged with the direction or operations. These powers confer the right to:
- enter private property when it is on fire or endangered, or when entry is essential to performg a necessary duty
- close roads
- remove vehicles impeding the Fire Service. If necessary, they can break into the vehicle for that purpose
- remove people who are in danger or interfering with operations, using reasonable force if necessary
- do anything else that is reasonably necessary for the protection of life and property

65
Q

Use of Fire Service power by Police

A

Police may exercise these powers if called upon to do so by a member of the Fire Service in charge of the fire. (Section 32(2) of the Fire Service Act 1975)

Caution Police have no right to exercise these powers simply because they are present at a fire.

66
Q

Fire Service powers Proof of authority

A

The fact that a person is exercising any power under section 28(4) is conclusive evidence of their authority to do so. (section 28(6) refers)

67
Q

Fire scene safety
unstable environment

A

The scene may be safe to begin with, however may become unsafe during the investigation. Risk assessments must remain updated and reviewed to ensure staff safety.

Investigators often find themselves:
- searching through an unstable structure
- excavating the scene to identify the cause of a fire

68
Q

Fire scene safety
injuries through these hazards

A

At a fire scene most injuries are received from these hazards:

  • Inhalation of toxic substances, eg car fires emit particularly toxic and harmful gasses
  • Ingestion of particles etc.
  • Cuts/wounds from sharp objects
  • Air borne dusts, particles etc.
  • Tripping on fire debris
  • Falling down, over, onto or into any obstructions or cavities
  • Items from above falling onto you or hitting objects and causing a chain reaction

To identify protection method, must consider
- an assessment each of above
- a strategy to prevent, and mitigate impact

69
Q

Fire scene safety
things to check

A
  • Look under floors to see if it is suitable for walking on
  • check underneath stairs to ensure they are safe to carry weight. Walk on the stairs side for forensic and safety reasons
  • a ‘held’ fire may result in an unstable roof, need to be removed prior to investigation.
70
Q

Fire scene safety clothing protection

A

Protective clothing must be used. Items required:
- a suitable helmet (that complies with the relevant safety standard)
- a pair of overalls
- nose and mouth filter, a full face respirator or full BA (if required or qualified)
- gloves
- safety glasses
- heavy duty footwear with sell soles and toe caps

71
Q

Fire scene risks
4 main building materials

A
  • Timber
  • Steel
  • Concrete
  • Masonry
72
Q

Fire scene minimizing risk
Timber

A

Will normally burn or char but, if members are thick enough will maintain sufficient integrity.

When entering take note of the thickness of structural members, the load it is carrying, and any sound eminating from structural members

73
Q

Minimizing fire scene risk
Steel

A

Heated, expands and can push walls out.
Heated more, looses strength and collapses pulling walls in.

When hot steel cools (from fire fighting hoses or time) it contracts and may
- fall off supports or
- remain intact loosely but may collapse during excavation or movement with little or no warning

Important Pay particular attention to the location of Steele beams and trusses

rarely melt but at 1600° less than 10% strength

74
Q

Minimizing fire scene risk
Concrete

A

Most unpredictable, especially ‘tilt slab construction’. Can topple like a card tower.
Can be affected by extremely low fire temperatures.

Look for: spalling, exposed steel, discoloration(blue or green), and cracking. If tilt slab, are fixing cleats exposed or grouted.

‘spalling’ - steam explosion from trapped moisture.
Rebar at 1000° has 50% strength.

75
Q

Minimizing fire scene risk
Maonry

A

Can be weakened by deterioration of mortar, expansion, damage to supporting structural members.

Visible signs cracking, leaning, bowing, or collapse of supporting floors/roof frames.

76
Q

Fire scene minimizing risk
best rule to employ

A

If it looks dangerous it probably is, so - do not enter!

77
Q

Preserving a fire scene
Guarding and controlling the scene

A

Scene security considerations for Police:
- ensure the scene is not interfered with
- exclusion and control of on-lookers, property owners, and other interested parties
- preserving evidence
- preventing looting

Attending police should also:
- be aware of reignition from hotspots
- be vigilant and watch for possible suspects
- identify any witnesses among onlookers/passers-by
- report all significant matters to the O/C

78
Q

Preserving a fire scene
Fire scene contamination

A

Liase with Fire incident commander to limit unnecessary operation near source.
Stop fire crew from removing debris after extinguished.

Scope How much to preserve?
- single room
- entire building
- a large area that includes a building(s)
- outside areas

Cordon
- Identify the center of the scene
- tape off outside the most obvious item of evidence that is furthest from the scene.
- in large scenes, can use natural boundaries.

make cordons as wide as practical

79
Q

Preserving a fire scene
Common approach path

A

All traffic limited to ‘corridors’.
Search the ‘corridor’ prior to use, to preserve evidence.

80
Q

Preserving a fire scene
Where it is difficult to preserve the scene

A

If demo is required for safety, take.
- sketches
- photographs
- plans
- video recordings

81
Q

Preserving a fire scene
Where it is difficult to preserve the scene (steps to take)

A
  • store removed spoil
  • clearly mark where the spoil is from
82
Q

Personnel
May need assistance of…

A
  • fire investigation liason officer
  • ESR scientist
  • rural fire investigator
  • photographer
  • fingerprint technician
  • explosives inspector
  • building inspector
  • insurance assessor
  • accountant
  • forensic mapper/original floor plans
  • pathologist
  • vehicle inspector
  • civil aviation inspector
  • mines inspector
  • forestry expert
  • agricultural expert
  • marine surveyor
  • heating engineer
  • meteorologist
83
Q

At/after scene conference, the O/C should…

A
  • appoint an exhibits officer
  • appoint a crime scene co-ordinator (if required)
  • advise the FILO
  • appoint a scene examiner
84
Q

Preparing the examination

A
  • arrange to examine as soon as circumstances allow
  • examine systematically from the outside in
  • establish a clear area for material removed
  • set clear areas of responsibility
85
Q

Preparing the examination
Successful fire investigation requires….

A

a logical, step by step approach commencing in the undamaged area and progressively working through to the point of origin.

86
Q

The point of origin is…

A

The exact location which:
- a component failed
- a fire was maliciously lit, or
- an accidental fire originated

87
Q

External examination
The external examination takes into account:

A
  • Adjoining premises which often reveal
    • accelerant containers
    • attempted forced entry
    • broken windows
    • forced doors
  • Nearby alleyways/streets/driveways
  • The yards and outbuildings of the fire effected property
  • The periphery of the structure itself
  • What distance debris was scattered, particularly if drums or cylinders have exploded
88
Q

External examination
The surrounding area of the involved premises may also reveal:

A
  • accelerant containers
  • contents of outbuildings missing
  • property run-down
  • business appears to be struggling
89
Q

External examination
The damaged structure itself may reveal:

A
  • jemmy marks or other signs of forced entry on windows or doors
  • window glass broken before the fire was ignited
  • burn patterns above doors and windows and “V” shaped burn patterns on external cladding
90
Q

Preliminary internal examination
The preliminary internal examination should involve…

A

a slow walk through the premises, from the area of least damage to that of most damage, taking note of indicators.

91
Q

Preliminary internal examination
Take note of indicators such as:

A
  • low stock levels in commercial premises
  • building areas in need of repair
  • signs of hardship (empty flats, shops to let, etc)
  • missing family photographs, furniture and personal items
  • lack of clothing in wardrobes and drawers
  • rifled premises
  • position of clothes if not in wardrobe or drawer
  • open filing cabinets or missing files
  • forced entry into an empty til
  • presence of accelerant containers or trails
  • separate unrelated seats of fire
  • owner/occupier attitude during walk through (if access permitted)
  • unusual odours
  • burn patterns
92
Q

Preliminary internal examination
Once you have completed your preliminary internal examination you should…

A

hold another conference with all involved parties to plan your course of action.
- The plan and considerations made should be documentend in a decision log
- Confirm that all parties agree, set timings and specific roles.

93
Q

Detailed internal examination
Following the prelim exam you will…

A

… accompany the Specialist Fire Investigator while they complete a detailed examination of the scene.

94
Q

Detailed internal examination
In the exam they will observe, note and take into account a number of observations including:

A
  • smoke deposits and burn patterns
  • spalling (the cracking and chipping of concrete)
  • damage to wall studs
  • damage to roofing timbers
  • damage to window sils and door edges
  • soot deposits on window glass and craze patterns
  • floor areas burned through
  • skirting board damage
  • elimination of false low burns
  • removal of fire debris
  • under floor inspection
95
Q

Detailed internal examination
At the conclusion the Specialist Fire Investigator will be able to determine

A
  • area of origin
  • point of origin
  • seat of the fire
96
Q

Detailed internal examination
In determining the seat of the fire the Specialist Fire Investigator will consider:

A
  • witness’s 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, and the weather at the time
  • the direction of spread
  • the colour of the flames and smoke
  • the severity of the damage (down low the most damaged area is often the seat of the fire, but not always)
  • the depth of charring (may indicate where the fire has been burning longest)
  • the presence of starting devices
  • reports and opinions of specialists
97
Q

Detailed internal examination
Don’t assume…

A

That all the evidence has been destroyed. Even if the destruction is total, examine the scene carefully to recover all possible evidence of the cause of the fire

Note The most severely damaged area is not necessarily the seat of the fire.

98
Q

The cause of the fire
Evidence of accelerants

A
  • containers
  • traces of debris
  • smell
  • unusually rapid spread or intensity of fire
  • uneven burning
  • burning under or behind boards where the liquid has run through cracks
  • multiple seats of fire
99
Q

The cause of the fire
Evidence of intentional interference:

A
  • tampering with the alarm or sprinkler system
  • hindering access
  • misdirecting fire fighters
  • evidence of intentional removal of valuable property, or substitution of property
  • signs that furnature was rearranged to create a fire base
  • signs that windows and skylights were opened to create a draught
  • foreign materials and objects such as screws/batteries, that might be part of a device
  • signs a crime has been committed. May have been burned to destroy evidence
  • signs that a heater, soldering iron, or other electrical appliance has been left on
  • inconsistencies (eg fire is rapid burning but there is no obvious cause)
  • unusual burn pattern, or unusual time factors (ie fire started after building was secured)
100
Q

Exhibits
Steps

A
  1. Photograph in situ, label the exhibit, and preserve them in containers.
  2. Use approved arson kits (or suitable containers like unused 4L paint tins)
  3. Take control samples of
    - charred timber and ashes or debris from the seat of the fire for comparison with other samples)
    - any accelerant found near the scene
    - soil from surrounding area

don’t forget to take control samples from unburnt areas and around pour patterns as well as the middle

101
Q

Conduct initial enquiries
Follow the steps:

A
  1. Conduct area enquiries by, for example, sending staff to interview people who work at other warehouses so see if there has been any attempts.
  2. Conduct prelim interview of owner to find out:
    - when the premises was last secured, and by whom
    - whether they know the cause of the fire
    - the details of any suspects and any insurance
    - type of business
    - actions leading up to the fire
  3. Note the owner’s demeanor
  4. Complete FWS from informant, witnesses, owner
  5. Update supervisors
102
Q

Conferences
Conferences must be held during the scene exam to assist with:

A
  • assessing information obtained
  • reconstructing
  • establishing possible motives
  • identifying suspects
  • planning further enquiries.
103
Q

Conferences
People attending could include:

A
  • O/C CIB
  • crime scene co-ordinator
  • FILO
  • O/C Investigation
  • Investigating officers
  • Specialist Fire Investigator
  • Police photographer
  • fingerprint technician/SOCO
  • other specialists as required
104
Q

Initial Action
(not explosives)
Procedure on arrival

A
  1. Briefly interview your informant (remember could be offender too)
  2. Secure and control scene
  3. Initial interview of the:
    - Specialist Fire Investigator, if present
    - O/C of first fire appliance to the scene
  4. Interview the incident controller for
    - time, date, manner of call
    - what appliances attended
    - state of fire on arrival
    - action taken, esp entry and venting after fire
    - info Fire Service has about building security
    - alterations they have made, ie forced doors/windows
    - do they think suspicious and why
    - their opinion of informant (ie see them at lots of fires)
    - details of suspicious people/vehicles
  5. If extinguished, ensure safety of scene before initial conference, conduct prelim exam
  6. If suspicious re-group and hold conference
  7. Confer with other staff. Brief and deploy to:
    - scene guard
    - identify and interview witnesses
    - conduct local enquiries
  8. Contact ECC and provide sitrep. Ask for what you need FILO, SOCO etc.
105
Q

Suspect enquiries
Fire no explosives
list

A
  1. You may identify suspects by
  2. Possible suspects may include
  3. Investigate suspects by priority. Obtain their
  4. Consider surveillance
  5. Complete enquiries to establish
  6. Consider a SW. When executing…
  7. Interview suspect
  8. Consider ID montage
  9. Complete enquiries to corroporate/negate suspect explanation
  10. Abvise supervisor. If ingredients/prima face case. Obtain authority to prosecute
  11. Arrest and obtain:
  12. Complete 4C
106
Q

Suspect enquiries
(Fire no explosives)
1. You may identify suspects by

A
  • circumstances of the fire
  • fingerprints
  • info from informants & witnesses
  • media response
  • Police resourses (Intel, YAS, FILO etc)
  • enquiries at prisons, psyc wards, rehab centres, schools
  • info from fire crews
107
Q

Suspect enquiries (Fire no explosives)
2. Possible suspects may include

A
  • the owner/occupier for insurance
  • an employee to cover dishonesty offending
  • a criminal to cover other crime/facilitate blackmail
  • an aggrieved person (jealousy, hatred, rage, prejudice, revenge)
  • a pyromaniac 1M
  • in schools, a pupil/ex-pupil
  • a member of Fire Service (glory hunter)
  • a business competitor
108
Q

Suspect enquiries (Fire no explosives)
3. Investigate suspects by priority. Obtain their

A
  • full particulars
  • criminal histories
  • details of motor vehicles they have access to
  • details of any associates
  • photograph
109
Q

Suspect enquiries (Fire no explosives)
5. Complete enquiries to establish

A
  • opportunity
  • motive
  • mens rea
  • connection with the scene of the crime
  • character, mental background, history, movements and behaviour
110
Q

Suspect enquiries (Fire no explosives)
6. Consider a SW. When executing…

A

Search the suspects clothing, residence, motor vehicle and work-place, and any other place where evidence may be found

Evidence may include:
- accelerants
- containers
- igniters
- wick fabric
- traces of debris from the scene
- Suspect (eg burnt facial hair, smell of smoke, residue of accelerant on skin)

111
Q

Suspect enquiries (Fire no explosives)
11. Arrest and obtain:

A
  • fingerprints
  • photographs
  • consider medical exam for injuries
  • offender report details
  • consider getting offender to do a reconstruction if cooperative.
112
Q

Fires Involving Explosives
Initial action

A
  1. Remember they may be a secondary device, don’t mess with anything dodgy
  2. Don’t use cell phones, portable radios or other transmitting devices
  3. Evacuate the scene, at least 100m. Ensure evacuees bring their belongings (less to be cleared later)
  4. If IED located, contact Department of Labour, or failing that the Defense Force
  5. Update the ECC regularly
113
Q

Fires Involving Explosives
Scene exam

A
  1. Once declared safe, conduct a scene exam. Video and photo record is best
  2. Remember to continually reconstruct
  3. Request suitable ESR analyst, ask to bring appropriate swabs.
114
Q

Fires Involving Explosives
Identifying the explosive

A
  1. Priority is identifying the explosive used. Experts may be able to tell from the damage. Specialist opinion may be overturned by scientific analysis.
    general rule, more power, less residue
  2. Low powered explosive usual has constant damage and debris, but can become hight powered through confinement.
  3. Explosive rate of 1200 - 5000 mps follow path of least resistance.
  4. Explosive rate >5000 mps go directional in a straight line. Items that miss the blast are less damaged.
  5. Modern explosive have little residue and it dissipates rapidly.
    - use stepping plates/clean plastic to create path to the center.
    - have ESR swab immediately (start in center)
    - vertical sheets of metal (think signs and fences) have good residue.
  6. May need to recover body parts promptly (decay/animals)
  7. Record any odours you detect
115
Q

Fires Involving Explosives
Linking Suspect to scene

A
  • fingerprints
  • handwriting samples
  • construction ‘signature’
  • objects from suspects home, incl tool marks and footprints
  • seek expert advice before searching suspect home
116
Q

Fires Involving Explosives
Bodies

A
  • If possible use experienced pathologist.
  • Dismemberment does not always occur. A fast blast may will often damage one part and leave another
  • consider x-rays to find shrapnel exhibits
  • consider suicide/terrorist bomber
117
Q

Fires Involving Explosives
Media

A

Don’t speculate to the media, it makes it awkward in Court later.

assign one person as media contact point for consistent message and control of info release

118
Q

Fires Involving Explosives
Reconstructing the explosion

A

Must be carried out only
- under supervision of O/C scene
- at a suitable range or sight
- in conditions as close to original explosion as possible
- in close association with explosives and scientific advisors
- as a scientific test.
Note if possible video record and photograph.
Must record details of each charge used, and have a range for specialists to provide evidence.

119
Q

Fires Involving Explosives
What to look for

A
  • cratering
  • spread of debris
  • shredding of materials
  • a smell peculiar to exploded material (often the smell of almonds)
  • an overlay of dust
  • shrapnel marks

Gas has different signs to solid explosive

120
Q

Fires Involving Explosives
Non-electric detonators

A

Whether any traces remain will depend on how far into the explosive it was placed. You’ll likely only find traces of the fuse.

121
Q

Fires Involving Explosives
Electric detonators

A

You may find:
- lead wire, which may help identify the detonator. (known as ‘fly wire’)
- the neoprene plug
- the short-circuiting shunt (the small piece of plastic removed from a wire about to be connected)
- the ‘delay setting’ tag from the lead wire.
- fragments of the electric detonator casing (although highly unlikely)

122
Q

Fires Involving Explosives
Safety fuses

A

Burning leaves a it mostly in a limp state. Should be able to tell colour and manufacturer from this.
You should also be able to find the scorched trail from point of ignition to center of explosion

123
Q

Fires Involving Explosives
Detonating cord

A

Usually little trace of cord, but may damage the surface it was laid over. You may find ‘cut off’ pieces that have not detonated.

124
Q

Fires Involving Explosives
Igniter cord

A

Often contains a thin wire and leaves a black, charred, ash like remnant. Less substantial than safety fuse.

125
Q

Fires Involving Explosives
Reminder

A

Encourage IED operator to use non-destructive methods of making things safe. To preserve evidence like FP, tool marks, wrapping paper and components.

consider having the operator record their initial assessment and record all items prior to taking any action

DDP Modules (6 decks)

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