Arson

Question 1

R v Mohan

Answer 1

Intent involves a decision to bring about, in so far as it lies within the accused power the commission of an offence

Question 2

R v Waaka

Answer 2

A fleeting or passing thought is not sufficient, it must be a firm intent or firm purpose to effect the act

Question 3

R v Harney

Answer 3

Recklessness involves the foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 4

R v Archer

Answer 4

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

Question 5

R v Morley

Answer 5

Loss is assessed by the extent to which the complainant position prior to the offence has been diminished or impared

Question 6

R v Harpur

Answer 6

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..the court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops and the defendant conduct may be viewed in it entirety. Considering how much remains to be done is relevant but not determanitive

Question 7

R v Hallum

Answer 7

On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance

Question 8

Define property

Answer 8

Property includes any real or 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.

Question 9

What constitutes and atttempt

Answer 9

To be guilty of an attempt to commit an offence a person must:
Intend to commit the offence, and
take a real and substantial step towards achieving that aim

Question 10

How do you prevent hazards at fire scene

Answer 10

To identify the best method of protection, you must consider:
An assessment of injuries
o inhalation or ingestion of toxic substances, particles, or air borne dusts
o Cuts/wounds from sharp objects
o Tripping
o Falling
o Items falling
A strategy to prevent an occurrence or to mitigate its impact

Question 11

What powers do the fire service have?

Answer 11

The person in charge of the fire has the power to:
Enter private property when it is on fire or endangered
Close roads
Remove vehicles from impeding the Fire Service. If necessary, they can break into them 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

Question 12

Name 10 common ways of starting a fire

Answer 12

	Candles
	Chemical igniters
o	Potassium permanganate, sugar, and glycerine
o	Potassium chlorate, sugar, and sulphuric acid (fire fudge)
	Electrical Apparatus
	Electric matches
	Matches and cigarettes
	Molotov cocktails
	Timing devices
	Trailers
	Carelessness
	Faults
	Nature

Question 13

Who should you liaise with at a fire scene

Answer 13

The fire incident controller or fire safety officer

O/C of first fire appliance that arrived

Question 14

What four matter will the fire safety officer advise Police

Answer 14

1 - Handover of the scene
2 - access to the fire scene
3 - process’s of examination and investigation
4 - identification and collect of evidence from the scene

Question 15

What to ask the fire scene controller

Answer 15

S - State of the fire when they arrived
O - Opinions of the informant

D - Details of people or vehicles acting suspiciously in the vicinity
A - Appliances attending
A - Action the Fire Service took, particularly in entering building & ventilating it after the fire
A - Alterations they have made to the scene – eg forcing doors or windows
 W - Whether they think the fire is suspicious and why
 I - Information the Fire Service has about the building security
 T - The call date, time, and manner it was received

Question 16

Who should you interview at the scene

Answer 16

 Informant
 Incident controller
 Fire Safety Officer (if available)

Question 17

Why should a fire scene be guarded?

Answer 17

Why – To ensure origin and cause of the fire is established
When – From the Fire Service/Police arrive until the scene exam is completed

Scene Security Considerations
	Ensure scene is not interfered with
	Exclusion/control of on-lookers, owners, interested parties
	Preserving evidence
	Preventing looting

Question 18

Who exercises powers on arrival the scene

Answer 18

Upon arrival at the scene the person in charge of the Fire Service holds the right to powers. Police may exercise these powers if called upon by the person in charge of the Fire Service. Police have no right of powers simply because they are present.

Question 19

When should the fire service report a fire to Police

Answer 19

 Fatality
 Serious injury
 Suspicious

Question 20

When should a fire scene be handed to Police

Answer 20

 Fire extinguished and threat to life/property no longer exists

Question 21

What are the Police responsibilities in terms of arson

Answer 21

 Conduct criminal investigation or Coronial Inquiry

 Undertake responsibility for the protection, collection and recording of forensic evidence

Question 22

What should you look for in the preliminary internal examination

Answer 22

	B - Burn patterns
	U - Unusual odours
	L - Lack of clothing in wardrobes/draws
	B - Building areas in need of repairs 
	S - Signs of hardship

 P - Position of clothing if not in wardrobe/draws
 R - Rifled premises
 O - Open file cabinets/missing files
 P - Presence of accelerant containers or trails
 S - Separate unrelated seats of fire

 M - Missing family photographs, furniture and personal items
 O - Owners/Occupiers attitude during walkthrough
 L - Low stock levels in commercial premises
 F - Forced entry into an empty till

Question 23

What should you look for in an external preliminary examination

Answer 23

 W – What distances debris scattered, esp. if drums/cylinders exploded
 A - Adjourning premises often reveal accelerant containers, attempts at forced entry, broken windows, forced doors
 N – Nearby alleyways/streets/driveways
 T – The yards and outbuildings of affected property
 T – The periphery of the structure itself

Question 24

What should be looked for in an area canvas

Answer 24

 S - Struggling business
 C - Contents of outbuildings missing
 A - Accelerant containers
 R - Rundown property

Question 25

In a detailed internal examination with fire inspector what is looked for?

Answer 25

	S – Smoke deposits and burn patterns
	S – Spalling
	S – Skirting board damage
	S – Soot deposits on window glass and craze patterns
	D – Damage to wall studs
	D – Damage to roofing timbers
	D – Damage to window sills and door edges
	E – Elimination of false low burns
	R – Removal of fire debris
	F – Floor areas burned trough
	U – Under floor inspection

Question 26

What are three ways a fire can start at the seat of the fire?

Answer 26

 A component failed; OR
 A fire was maliciously lit; OR
 An accidental fire originated

Question 27

What do Specialist Fire Investigation Officers take into account to determine seat of fire?

Answer 27

 Witness reports
 When they first noticed the fire, and where they were at the time
 Wind direction and speed, and the weather
 State of the fire at the time
 Severity of damage
 Spread direction
 Colour of the flames and smoke (this may point to the cause)
 Presence of starting devices
 Reports and opinions of other specialists
 Depth of charring

Question 28

At the end of the examination the fire inspector should be able to determine what?

Answer 28

 Area of origin
 Point of origin
 The seat of the fire

Question 29

What procedures should be taken with exhibits?

Answer 29

	Photograph in situ
	Label exhibits
	Preserve them in containers
	Use approved arson kits if available – if unavailable suitable containers eg unused paint tins
	Take control samples of:
o	Charred timber, ashes, debris from the seat of fire (for comparison from samples from other points
o	Any accelerants found near the scene
o	Soil from the surrounding area

Question 30

What should you ask the owner of the property

Answer 30

	Any other arson attempts
	When was property secured and by whom
	Whether he/she knows the cause of the fire
	Details of suspects and insurance
	Type of business
	Actions leading up to the fire

Question 31

What are the signs a fire has been deliberately lit?

Answer 31

 Signs furniture have been rearrange to create a fire base
 Signs that skylights and windows have been opened to create a draught
 Signs a crime has been committed
 Signs a heater, soldering iron, or other electrical appliance has been left on
 Evidence of accelerants – eg containers, smell, traces in debris
 Evidence of intentional interference – eg tampering with alarms or sprinkler system
 Evidence of intentional removal of valuable property or substitution
 Foreign material and objects such as screws/batteries that may be part of a starting device
 Inconsistencies (fire is rapidly burning but no obvious cause)
 Unusual burn patterns or unusual time factors (fire started after building was secured)

Question 32

What is required to start a fire?

Answer 32

Temperature fuel and oxygen

Question 33

What is the purpose of a conference

Answer 33

	P – Planning of further enquiries
	A - Assessing of information obtained
	R - Reconstructing
	I  - ID suspects
	E - Establish possible motives

Question 34

Who should attend the conference

Answer 34

	I – Investigating officers
	C – Crime Scene Controller
	P – Police photographer
	O – OC CIB
	O – OC Investigation
	F – Fire Investigation Liaison Officer
	F – Fire Investigator
	S – SOCO

Question 35

What should you do on arrival at scene of an explosion?

Answer 35

 May be secondary device – do not handle/interfere with anything unfamiliar
 Do not use cell phone, radio, transmitting devices
 Cordon the area to a distance of at least 100 metres due to the possibility of a secondary device

Question 36

When should you examine an explosion scene?

Answer 36

 When safe, conduct scene exam with photo/video
 Continually reconstruct
 Request the attendance of suitable ESR and request them to bring suitable equipment

Question 37

What should you look for at an explosion scene?

Answer 37

	Cratering
	Spread of debris
	Shredding of materials
	A smell peculiar to the exploded material
	An overlay of dust
	Shrapnel marks

Question 38

What indicates a gas explosion?

Answer 38

 Generally cover a wider area then those caused by explosives
 Do not leave a crater
 Lighter-than-air gases will create an outward blow at the top of a wall
 Heavier-than-air gasses will create an outward blow at the bottom of a wall

Question 39

Describe the clean path method

Answer 39

Because explosive residues are often sight and dissipate rapidly, the OC Scene may need to authorise the expert to enter the centre of the scene before it has been fully examined. In this case the following Clean Path Method should be used:
 Create a path to the centre of the explosion by laying a clean unused roll of plastic or by using stepping plates
 Have the ESR analyst start swabbing immediately (work outwards from the seat of the explosion)
 Vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources or residue

Question 40

When can you enter a house that is on fire

Answer 40

Under Fire Service Act – can enter is directed by the fire incident controller

Question 41

An earthquake damaged home is moved of its foundations, but is lit on fire. What charge do you use?

Answer 41

Section 267(1)(b) CA1961 – immovable property no interest

Question 42

At an explosion what is the best way to prevent contamination?

Answer 42

Ensure all items used (including tools and so on) are carefully cleaned before use. Discuss
cross-contamination with ESR.

Question 43

What is the best way to identify method of protection at a fire scene?

Answer 43

Assess each hazard and plan a strategy to prevent/mitigate its impact.

Question 44

Attempted arson can only be in relation to what?

Answer 44

• Immovable property/vehicle/ship/aircraft

Question 45

What should happen after an explosion?

Answer 45

Identify the explosive used - OC Scene to authorise experts to enter scene

Question 46

Who from fire service should you interview on arrival

Answer 46

 Specialist Fire Investigator
 OC of the first fire appliance to attend the scene
 The incident controller at the scene

Question 47

Define claim of right

Answer 47

Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory 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 any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 48

What are the ingredients of providing an explosive?

Answer 48

Knowingly has in his or her possession or makes any explosive substance, or any dangerous engine, instrument or thing with intent to use or enable another person to use the substance, dangerous engine, instrument or thing to commit an offence