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Criminal Liabilities > Arson > Flashcards

Arson Flashcards

1
Q

In determining the seat of the fire the specialist fire investigator will consider

A

Witness reports
The state of the fire at that time
Wind direction and speed
The direction of spread
The colour of flames and smoke
Severity of damage
Depth of charring
Presence of starting devices

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2
Q

Five examples of carelessness that might result in a fire

A

Children playing with matches or lighters
Ironing
Setting off fireworks
Leaving clothing near heaters
Leaving stove or heater on
Smoking

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3
Q

5 materials used to start a fire

A

Molotov cocktails
Candles
Matches and cigarettes
Trailers
Electric matches
Electrical apparatus

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4
Q

Police responsibility’s at a fire scene examination and investigation

A

Conduct criminal investigation or coronial enquiry
Protection, collection and recording of forensic evidence
Collection and removal of material from a fire crime scene
Preservation, analysis and subsequent disposition of material

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5
Q

Powers conferred by section 42 of fire and emergency New Zealand act 2017

A

Enter any land, building or structure
Break into any building or structure that may be in fire or otherwise endangered
Take or send equipment or machine that may be required to be used into the building or structure
Remove from any building or structure any flammable, combustible material or dangerous item
Cause any structure that is endangered or on fire to be torn down
Cause any building to be pulled down or shored up at the time or afterwards

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6
Q

Fire service specialist investigator will liaise with a police fire investigation liaison officer in relation to four specific matters what are they

A

Hand over if the fire scene
Access to the fire scene
Explain Process for examination and investigation
Identification and collection of evidence at the fire scene

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7
Q

Natural causes of fire

A

Lighting
Suns rays
Static electricity
Chemical reaction

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8
Q

Evidence of wilful causes of fire

A

Evidence of explosives
Evidence of accelerants
Evidence of intentional interference
Intentional removable of valuable property

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9
Q

What conferences assist with

A

Identifying suspects
Reconstructing the scene
Pending further inquiries
Establishing possible motives

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10
Q

Who attends conferences

A

OC CIB
OC Investigation
Police photographer
Fingerprints/SOCO

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11
Q

Power under section 28 Fire Services act 1975

A

Close roads
Remove people interfering with operations
Enter private property on fire to perform one’s duties
Do all things necessary to procure t life and property

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12
Q

When do Specialist fire investigators attend a fire

A

Fire with fatalities
Fire with serious injuries
Fire where safety features have failed
Fires with suspicious circumstances
Significant fire spread over properties

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13
Q

What protective clothing should be worn at a fire scene

A

Helmet
Nose and mouth filter
Overalls
Gloves
Steel capped shoes

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14
Q

People to be interviewed at a fire

A

Owner of property
Person last secured property
Person who found fire
Person who gave alarm
Bystanders
People loitering

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15
Q

R v Harpur

A

Conduct may be viewed cumulatively up to the point when the conduct stops, the defendants conduct may be considered in its entirety, how much remains to done is relevant but not determinative

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16
Q

R v Morley

A

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired

17
Q

R v Archer

A

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

18
Q

Cameron v R

A

Recklessness is established if
The defendant recognised that there’s was a real possibility that
His or her actions would bring about the proscribed result
That the proscribed results existed
Having regard to that risk those actions were unreasonable

19
Q

Define Explosive

A

Section 2 Arms Act 1983
Any substance, mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion or pyrotechnic effect

20
Q

Four examples of an Explosive

A

Ammunition
Dynamite
Nitroglycerins
Gunpowder
Detonators

21
Q

Definition of property

A

Section 2 CA 1961
Any real or personal property, any estate, any debt, any interest in any real or personal property, anything in action, any other right or interest

22
Q

Arson Danger to life

A

267(1)(a)
Intentionally or recklessly
Damages by fire or any means of explosive
Any property
If he/she knows or ought to have known that danger to life is likely to ensue

23
Q

Arson (Immovable Property no interest)

A

267(1)(b) CA 1961
Intentionally or recklessly
Without claim of right
Damages by fire or any means of explosive
Any immovable property
Vehicle
Ship
Aircraft
In which that person has no interest

24
Q

Arson (cause loss obtain benefit)

A

267(1)(c) CA 1961
Intentionally
Damages by fire or any means of explosive
Any immovable property
Ship
Vehicle
Aircraft
With intent to
Obtain any benefit or cause any loss to any other person

25
Q

Benefit definition

A

Under 267(4) CA 1961
Any benefit, pecuniary advantage, property, valuable consideration, service, privilege

26
Q

Loss definition

A

Not specifically defined but usually financial in nature

27
Q

Attempted arson

A

Section 268
Everyone
Attempts to commit arson
In respect of any immovable property, ship, vehicle, aircraft
Case law R v Harpur

28
Q

Intentional damage danger to life

A

Section 269(1)
Intentionally or recklessly damages or destroys any property if she or he knows or ought to have known danger to life is likely to ensue

29
Q

Arson ( reckless disregard)

A

267(3) CA 1961
Intentionally damaged by fire or means of any explosive any property with reckless disregard for the safety of other property

30
Q

Fire definition

A

Fire is result of process of combustion, a chemical reaction between fuel, heat and oxygen

31
Q

What to ask incident controller at a fire

A

Time and date the call was made and how it was made
Who attended
What the the state of the fire was when they attended
Whether they thought the fire was suspicious and why

32
Q

Guarding a fire scene

A

Avoid interference with scene
Watch for suspects unusual behaviour
Prevent either fire damage
Preserve evidence

33
Q

At conclusion to the examination what will the specialist fire investigator be able to determine

A

Area of origin
Seat of fire
Point of Origin

34
Q

Characteristics of damage caused by explosives

A

Cratering
Spread of debris
Shedding of materials
Shrapnel marks
An overlay of dust

35
Q

Attempts

A

Section 72 crimes act 1961
Everyone having intent to commit offence does or omits and act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended

Criminal Liabilities (3 decks)

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