Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Arson CIB 012 > Arson Module > Flashcards

Arson Module Flashcards

1
Q

Arson (Danger to life)

Act/Section and ingredients

A

S267(1)(a), CA 1961
Intentionally or Recklessly

Damages by fire or Damages by any means of explosive

Any property

If he or she knows or ought to know that danger to life is likely to ensue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Arson (No interest)

Act/section and ingredients

A 
S 267(1)(b), CA 1961
Intentionally or Recklessly

And without claim of right

Damages by fire or Damages by any means of explosive

Any immovable property or any vehicle, ship or aircraft in which that person has no interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Arson (cause loss or obtain benefit)

Act/section and ingredients

A

S267(1)(c), CA1961
Intentionally

Damages by fire or Damages by any means of explosive

Any immovable property or vehicle or ship or aircraft

With intent to obtain any benefit or cause loss to any other person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define “intent”

A

Intent to commit the act and get a specific result.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

R v Collister

A

Circumstantial evidence in which an offenders intent may be inferred can include -
The offenders actions and words before, during and after the event.
The surrounding circumstances
The nature of the act itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define “reckless”

A

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Cameron v R

A

Recklessness is established if:

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define “fire”

A

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define “property”

A

Property includes real or personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Danger to Life

A

Life in this context means human life, and the danger must be to the life of someone other than the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Claim of right

A

A belief in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define “vehicle”

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define “ship”

A

Ship means every description of vessel used in navigation, however propelled.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define Aircraft

A

Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define “obtain”

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define “benefit”

A

Means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R v Morley

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

R v Harpur

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 determinative.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Attempt

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Explosive

A

Means any substance or mixture capable of decomposition at such rapid rate that results in an explosion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Know or ought to know

A

The fact that the defendant knowingly puts another persons life at risk is the aggravating factor for 267(1).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Semester and Brookbanks

A

Knowing is correctly believing. The defendant may believe something wrongly, but cannot know something that is false.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Immovable property

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 moveable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Causes loss

A

Financial detriment to the victim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What to ask Fire Incident Controller (FA MASSIVE) (step 4 of initial action for Fires not involving explosives)

A

The state of the fire when Fire Service arrived

What appliances attended

Time and date of the call and the manner it was received

Alterations they have made to the scene i.e forced open doors/windows

What info they have about buildings security

Whether they think the fire is suspicious, and why

Their opinions of the informant

Details of people or vehicle acting suspiciously in the vicinity

What action they have taken, particularly in entering the building and ventilating the fire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Evidence of wilful causes of fire

MOVIE MASTER

A

Multiple seats of fire

Signs that windows or skylights were opened to create a draught

Intentional removal of valuable property

Evidence of intentional interference i.e tampering with alarm/sprinkler system

Evidence of explosives

Misdirecting fire fighters

Evidence of accelerants i.e containers

Smell

Traces in debris

Signs that a heater, soldering iron or their electrical appliance has been left on

Unusual rapid spread or intensity of fire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Section 44 Fire and Emergency New Zealand Act 2017 (FENZ)

A

Enter private property when it is on fire or endangered, when entry is essential to performing a necessary duty

Close roads

Remove vehicles impeding the Fire Service. If necessary they can break into the vehicles for that purpose

Remove people who are a danger or interfering with operations, using reasonable force if necessary

Do anything else that is necessary for the protection of life and property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Conferences - (I REAP)

A

Conferences are held to assist with:

Identifying suspects

Reconstruction of the scene

Establishing possible motives

Assessing the information obtained

Planning further enquires

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Who attends conferences

A

OC CIB, Fire Investigation Liaison Officer(FILO), OC Investigation, investigations officers, Specialists Fire Investigators (SFI), Scene Of Crime Officer (SOCO), Photographer

Form basis of scene examination and risk assessment. Must be documented and detailed plan of action completed and agreed upon, also includes timings and specific roles for all parties. Completed by FILO.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What to do after the conference (FECSS)

A

Advise the Fire Investigator

Appoint an Exhibits officer

Appoint a Crime scene coordinator (if required)

Appoint a Scribe

Appoint a Scene examiner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Guarding and controlling the scene

WOODPILE

A

Be vigilant and Watch for suspects

Locate witnesses among Onlookers and passerby

Report all matters of significance to the O/C Investigation and/or scene coordinator

Prevent further fire or Damage

Exclude and control onlookers, Property owners and other interested parties

Avoid Interfering with the scene

Prevent Looting

Preserve Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Fire scene contamination

A

To assist in scene preservation consider these points -

SCOPE - how much of the area needs to be preserved, eg single room, entire building, outside area

CORDON - identify the centre of the scene, tape off outside the most obvious evidence furthest away and in large scenes the natural boundaries could be used to dictate your zones

CAP - place plates but search the area where the plates will be placed before putting CAP on

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Difference between a Gas explosion and an explosive that is set

A

Explosions caused by gas generally cover a wider area than those caused by explosive

Explosives cause cratering

Medical evidence - one or more of the suspects or victims may have inhaled gas prior to the explosion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

External examination

A

Adjoining premises should reveal evidence of accelerant containers, attempts at forced entry, broken windows

Nearby alleyways, streets and driveways

The yards and outbuildings of the affected property

The periphery of the structure itself

What distance the debris was scattered

Affected property should reveal signs of jemmy marks, forced entries on doors, window glass broken before fire ignited

Surrounding areas should reveal BCAP, 
Business appears to be struggling 
Contents of outbuildings missing 
Accelerant containers 
Property run-down
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Preliminary internal examination

FOOL SURF

A

Take note of:
Forced entry into an empty till

Open filing cabinets or missing files

Owner/occupier attitude during walkthrough (if access is permitted)

Low stock

Signs of hardship

Separate unrelated seats of fire

Building areas in need of repair

Missing family photos, furniture And personal items

37
Q

At the conclusion of the examination

PAT

A

At the conclusion of the examination NZFS Fire Safety Officer or SFI will be able to determine -

Point of origin
Area of origin
The seat of the fire

38
Q

Identifying the best method of protection

A 
Consider - 
An assessment of 
- Inhalation of toxic substances 
- ingestion of particles etc 
- Infection from sharp objects 
- Airborne dusts, particles etc 
- Tripping on fire debris 
- Items from above falling onto you

A strategy to prevent an occurrence or to mitigate its impact

39
Q

Characteristic damage caused by explosives

A 
Look for - 
Cratering 
Spread of debris 
Shredding of materials 
A smell peculiar to the exploded material  i.e smell of “almonds” 
An overlay of dust 
Shrapnel marks
40
Q

Initial action fires not involving explosives

8 step process

A

1 - briefly interview your informant (do not overlook the fact that the informant may be the offender)

2 - secure and control the scene

3 - Initial interview of the Specialist Fire Investigator (SFI) if present, or O/C of the first fire appliance to attend the scene

4 - interview incident controller at the scene

5 - If fire is extinguished, ensure safety of the scene before an initial conference with SFI. Conduct prelim

6 - Regroup and hold a briefing conference if deemed suspicious

7 - Confer with other staff and determine a plan of action. Brief and deploy to - guard scene, identify and interview witnesses, conduct local enquiries

8 - Contact the Comms and provide SITREP. Ask for assistance if necessary, and the attendance of specialist - i.e photographer, fingerprint technician

41
Q

Internal examination

A

Completed by the Fire Safety Officer (FSO), with you accompanying them. Take note and observe -

Smoke depositors and burn patterns

Soot deposits on window glass and craze patterns

Spalling (breaking/cracking in concrete)

Damage to wall studs

Damage to roofing timbers

Damage to window sills and door edges

Floor areas burned through

Skirting board damage

Under floor inspection

Removal of fire debris

Elimination of false low burns

42
Q

Determining the seat of the fire

A

Witness reports

When they first noticed the fire, and where they were at the time

The state of the fire at the time

Wind direction/speed and weather conditions

The direction of the spread

The colour of the flames and smoke

The severity of the damage

The depth of charring

The presence of ‘starting devices’

The reports and opinion of the other specialists

43
Q

People to interview at the scene

A

Fire fighters

Occupants and visitors

Employees including cleaners and casual staff

Owners

Neighbours

Spectators

Passerby

Ask about suspects and other people who have left the scene. Consider sourcing media footage to identify persons at the scene.

44
Q

The Fire Service must notify Police and the relevant Fire Investigation coordinator when

A

The Fire results in serious injury or Death

The fire is considered suspicious

45
Q

What are Specialist Fire Investigators (SFI) and their roles?

A

Employed by the Fire Service and called to attend when -

Fires where fatalities occur

Fires where serious (life threatening) injuries have occurred

Structure fires where the cause is suspicious or can not be determined

Significant fire spread across a property boundary

Fires in buildings where built-in fire safety features have failed, or not performed to know or expected standards

46
Q

Police responsibility

A

The Police must -

Conduct the criminal investigation or coronial enquiry

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

47
Q

What to get from Insurance companies

VICOR

A

Contact the insurance company promptly to obtain the service of an assessor to:

Value the building and the damage particulars of the insurance in the premises

Information on former claims

Contents copies of their proposals

Over-insurance

Recent increase in the cover

48
Q

Exhibits

PUT

A
  1. Photo and label the exhibits, and preserve them in containers
  2. Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
  3. Take these control samples:
    Charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points

Any accelerants found near the scene

Soot from the surrounding area

49
Q

Initial action - fires involving explosives

A
  1. Remember that there could be a secondary device anywhere at the scene, including in a nearby building or vehicle. Do not handle or interfere with anything unfamiliar
  2. Do not use cellphones, portables or the likes.
  3. Evacuate the scene to a distance of at least 100 metres.
  4. If the IED is located, immediately obtain the assistance of an IED operator from the Department Of Labour.
  5. Inform the National Bomb Data Centre at PNHQ.
  6. Give the National Bomb Centre regular SITREPS
50
Q

Linking suspect with the scene

A

Look for fingerprints and handwriting samples

IED operator may be able to identify the signature of the offender, often constructs explosives in a similar manner

Consider items from suspect’s home that may link him to the scene

Seek advice of an explosive expert before searching suspects home

51
Q

Reconstructing the explosion

A

If unable to identify the explosive using scientific analysis consider reconstruction only:

Under supervision of the OC scene

At a suitable range or site

In condition as close as to those to the original explosion as possible

In close association with explosives and scientific advisors

As a scientific test

52
Q

What to look for with fires involving explosives

A

Containers - pieces of devices container scattered a distance away from the centre

Non electric detonators - fragments

Safety fuses - burning will leave fuse in a limp state

Detonating cord

Igniter cord

Association items like wrappers and packing materials

53
Q

Identifying the suspect

FIRM RICE

A

Fingerprints

Information from informants and witnesses

Information from fire crews on people who regularly attend fires

Media response

Police resources i.e Intel, Youth aid etc

Enquiries at penal institutions, psychiatric hospitals, rehab centres and schools

The circumstances of the fire

54
Q

Possible suspects

A

The owner or occupier for insurance fraud

An employee, to cover theft, forgery or false pretences

A criminal, to cover the traces of an offence or to intimidate other victims

An aggrieved person suffering from jealousy, hatred, rage etc

A pyromaniac suffering from mental illness

A pupil or ex-pupil (hate for schools)

A member of the Fire Service, for excitement or personal recognition

A business competitor, to disadvantage a rival

55
Q

Search warrant at suspects address

A

Search the suspects clothing, residence, motor vehicle and in any other place where evidence may be found. Evidence could include:

Accelerants, containers, igniters, wick fabric, traces of debris from the scene

Photograph evidence in situ before it is seized

Ask for and note the suspects explanation regarding the evidence, be alert for signs that he has been in the fire scene like, burnt facial hair, smell of smoke (not cigarettes) residue of fuel or products of combustions in the skin

Ensure all exhibits seized, label and uplifted by OC exhibits

56
Q

What to ask the owners

SCAT

A

When the premises was last secured, and by whom

Whether he or she knows the cause of the fire

Actions leading up to the fire

Type of business

The details of any suspects and any insurance

57
Q

Conducting area enquiries

A

Send staff to make general enquiries

Conduct prelim interview with the owner (SCAT)

Note owners demeanour during the interview

Complete interview and organise/obtain formal statements from owners, witnesses and informants

Give SITREP to supervisor

58
Q

Section 42 FENZ Act 2017

A

Enter any land, building or structure

Break into any building or structure that may be on fire or otherwise endangered or that is near emergency

Take or send any equipment or machine required to be used into, through, or upon any land, building or structure

Remove from any land, building or structure that is on fire or otherwise endangered, or that is near emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure

Cause any building or structure that is 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)

Cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards.

59
Q

Memorandum of understanding

A

Investigation of fire scenes are efficiently coordinated, and expertly and independently conducted

Any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries

60
Q

Fire scene safety

A

Due to the effects of fire, fire scenes may become unsafe during the post fire incident 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 fire
61
Q

Electrical fire

A

Early consultation with Fire Service staff not to isolate the supply but to turn off main switch to preserve evidence

Electrical indicators -
1. Flexible leads are very vulnerable and easily damaged, take great care

  1. Note whether conduit or ductwork has been used. Check conduits for Arch melt

Where possible, locate the plug too connectors, try to maintain the total integrity of the lead from appliance to socket

Locate and plot all power outlets, light switches and light sockets. Check connection for tightness

62
Q

Common electrical ignition sources and techniques

A

Heaters and clothing - clothes resting on or near bar radiator

Electrical lamp and petrol ignitors

Ignition of the main switch board wiring by using of a gas torch applied to the east or neutral bars

Fallen table or standard lamp in conjunction with combustible materials

Toaster with nearby curtains

Leaving a pot of stew on a stove element

Electric urns, bread makers, water heater, deep fryers and rice cookers - tampering with thermal safety cut out

63
Q

Other considerations for Insurance Companies

A

Insurance will act as the owner of a claim has been made or cover is applicable

Private investigators must not be permitted access to the fire scene until Police and SFI have completed investigations.

64
Q

Arson - 267(2) - (other property, no interest)

A

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

Intentionally or Recklessly

And without claim of right

Damages by fire OR damages by means of any explosive

Any property ,other than property listed in section 267(1), in which that person has no interest

65
Q

Arson - 267(2) - (other property, obtain or cause loss)

A

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

Intentionally OR Recklessly

Damages by fire OR damages by means of any explosive

Any property, other than property listed in section 267(1),

With intent to obtain any benefit OR cause loss to any person

66
Q

Arson (Disregard for safety)

A

Crimes Act 1961, section 267(3)

Intentionally

Damages by fire OR damages by means of any explosive

Any property

With reckless disregard for the safety of any other property

67
Q

Attempted arson

A

Crimes Act 1961, section 268

A person

Attempts to commit arson

In respect of any immovable property or any vehicle, ship or aircraft

68
Q

Intentional damage (danger to life)

A

Crimes Act 1961, section 269(1)

Intentionally OR recklessly

Destroys OR damages

Any property

If he or she knows or ought to know that danger to life is likely to ensue

69
Q

Intentional damage (no interest)

A

Crimes Act 1961, section 269(2)(a)

Intentionally OR recklessly

And without claim of right

Destroys OR damages

Any property in which that person has no interest

70
Q

Intentional damage (obtains benefit or cause loss)

A

Crimes Act 1962, section 269(2)(b)

Intentionally OR recklessly

And without claim of right

Destroys OR damages

Any property

With intent to obtain any benefit OR cause loss to any person

71
Q

Intentional damage (disregard for safety)

A

Crimes Act 1961, section 269(3)

Intentionally

Destroys OR damages

Any property

With reckless disregard for the safety of any other person

72
Q

Protective clothing that should be worn at a scene

A

Helmet

Nose and mouth filter

Overalls

Gloves

Footwear with steel soles and caps

73
Q

What is the seat of fire?

A

The area where the main body of the fire is located

74
Q

What is the point of origin?

A

Where the fire started

75
Q

What is the area of origin?

A

Where the fire started

76
Q

You can set fire to your own property unless?

A

There is danger to life, or it’s is to obtain a benefit or cause loss to any person

77
Q

What is the difference between 267(1) and 267(2)?

A

The difference is property. Subsection 2 covers property of lesser value

78
Q

Four beliefs to claim of right

A

Belief and a possessory or proprietary right in property

Belief and rights to property

Belief must be held at the time of the conduct

Belief must be actually held by the defendant

79
Q

Fire scene risks - the four main building materials

A

Timber - burning and charring

Steel - will expand, lose its strength and collapse, pulling walls inwardly

Concrete - concrete can break away at the surface (spalling), and steel reinforcing may be exposed to sufficient heat to lose its tensile strength

Masonry - weakened by deterioration of the mortar

80
Q

Common methods of setting fires

A

Candles

Chemical igniters

Electrical matches

Matches and cigarettes

Molotov cocktails

Timing devices

81
Q

Non - intentional causes of fire

A

Carelessness fires

Faults fires

Nature fires

82
Q

Carelessness fires

A

Misusing electricity

Children playing with lighters/cigarettes

Burning off paint

Leaving clothes on or near heaters

Iron left on

Fireworks

83
Q

Fault fires

A

Broken power lines

Faulty gas pipes and fittings

Heating systems

Appliances

Television left on standby mode

84
Q

Nature fires

A

Chemical reaction

Suns rays

Lightning

Static electricity

Rodents eating through wiring, or building nests out of flammable material

85
Q

Where it is difficult to preserve the scene, investigators must record the scene, prior to demolition by:

A

Sketch’s

Photographs

Plans

Video recordings

86
Q

What is a Fire Investigation Liaison Officers (FILO) and their role

A

Police have established a FILO position within each Police District

FILOs have responsibilities for -

Attending every fire that results in serious injury or death

Co-ordinating Fire investigations in their designated area or district

Arranging Police attendance at fire scenes where required

Maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators (SFI)

Assisting areas or districts with fire investigation-related enquiries

Ensure communication is maintained with the Police National Fire Investigation Co-ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate

Co-ordinating Fire investigation training for any Police employees within the area or district, where needed

Providing other advice and expertise as required

87
Q

What is a Fire Service Investigation Liaison Officer (FSILO) and their role

A

The Fire Service has designated an appropriate staff member with in each Fire Area to perform the role of Fire Service Investigation Liaison Officer (FSILO). They have the responsibility for:

Arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police

Establishing and maintaining effective working relationships with relevant Police Fire Investigation Liaison Officers (FILOs), in the respective Police district/areas

88
Q

Providing explosive to commit an offence

A

S272, CA1961

Knowingly has in his or her possession OR makes

Any explosive substance or 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

89
Q

What the Specialist Fire Investigator and Fire Investigation Liaison Officer discuss

A

Handover of the scene

Access to the fire scene

Process for examination and investigation

Identification and collection of evidence at the fire scene

Arson CIB 012 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions