Arson Module - Progress Tests

Question 1

When recklessness is an element in an offence, what must be proved?

Answer 1

1. That the defendant consciously and deliberately ran a risk (a subjective test)
2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test – based on whether a reasonable person would have taken the risk)

Question 2

What are examples of no and high social utility?

Answer 2

No social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.

High social utility: surgeon undertaking a risky but potentially lifesaving surgery.

Question 3

What are some examples of damaging by fire?

Answer 3

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 4

What is the difference between property under 267(1)(a), and property under paragraphs (b) and (c)?

Answer 4

Under 267(1)(a), the damage may be to ANY property. Matters such as the nature, value and ownership of the property are not relevant; it is the risk to another person’s life that raises the offending to the highest category of arson.

Paragraphs (b) and (c), deal only with property that is, in general, higher in value. It is the value of these items that raises the offending to the higher category.

Lower level property is dealt with in subsections (2) and (3) depending on the offender’s intent and the risk to other property.

Question 5

What questions are asked regarding the subjective test within recklessness in 267(1)(a)?

Answer 5

What was the defendant thinking at the time?

Did the defendant know that human life was likely to be endangered?

Question 6

What questions are asked regarding the objective test within recklessness?

Answer 6

What would a reasonable person have thought in the same circumstances?

Would a reasonable person have recognised the risk?

Question 7

What is the nature of belief required regarding claim of right?

Answer 7

1. The belief in a proprietary or possessory right in property
2. The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’
3. Belief must be held at the time of the conduct
4. The belief must actually be held by the defendant

Question 8

What is outlined in Section 72(1) CA61?

Answer 8

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 9

What is outlined in Section 72(2) CA61?

Answer 9

The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

Question 10

What is outlined is Section 72(3) CA61?

Answer 10

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 11

What does ‘sufficiently proximate’ mean in relation to attempts?

Answer 11

He must have taken a ‘real and practical step’ towards committing it, although he does not need to have taken all the necessary steps to do so.

Question 12

What does the Court analyse when assessing proximity?

Answer 12

The defendant’s conduct at the relevant time, in conjunction with evidence of his or her intent based on the circumstances and any steps taken leading up to that point.

Question 13

To be guilty of an attempt, what must the defendant have done?

Answer 13

Progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Question 14

What examples were outlined in the American Model Penal Code that may constitute an attempt to commit an offence?

Answer 14

• 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
• Unlawfulling enterring a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
• Possessing, collecting or fabricating materials to be employed in the commission of the crime
• Soliciting an innocent agent to engage in conduct constituting an element of the crime

Question 15

Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are these exceptions?

Answer 15

• Intend to cause loss to someone else as a result of the fire
• Know or ought to know that the fire will endanger life
• Know that the fire is likely to destroy or damage someone else’s property as a consequence

Question 16

The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters. What are these matters?

Answer 16

• Handover of the fire scene
• Access to the fire scene
• Process for examination and investigation
• Identification and collection of evidence at the fire scene

Question 17

In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.

Answer 17

• Witnesses’ reports
• When they first noticed the fire and where they were at the time
• The state of the fire at that time
• Wind direction and speed, weather
• The direction of spread
• The colour of the flames and smoke
• Severity of the damage
• Depth of charring
• The presence of starting devices
• Reports and opinions from other specialists

Question 18

List five examples where carelessness may cause a fire.

Answer 18

• Misusing electricity
• Children playing with matches, cigarette lighters and so on
• Burning off paint
• Vagrants lighting fires
• Welding and other industrial processes
• Leaving clothes near heating
• Wrapping up live ashes in paper
• Ironing
• Setting off fireworks
• Using or storing flammable materials
• Burning rubbish
• Using domestic or camp fires
• Leaving a stove or heater on
• Leaving fat unattended while cooking
• Smoking

Question 19

List five examples of material used to start a fire.

Answer 19

• Readily available combustible material – rubbish
• Molotov cocktails
• Candles
• Chemical igniters
• Timing devices
• Electric matches
• Electrical apparatus
• Matches and cigarettes
• Trailers

Question 20

List five examples of where faults can occur.

Answer 20

• Chimneys and flutes
• Heating systems
• Appliances
• Televisions left on standby mode
• Dust extractors
• Fans and ventilation systems
• Electrical wiring – shorting and arcing
• Machinery
• Gas pipes and fittings
• Broken power lines

Question 21

List five examples of where fires can be caused naturally.

Answer 21

• Chemical reactions
• The sun’s rays
• Lightning
• Static electricity
• Rodents eating through wiring, or building nests out of flammable material
• Spontaneous combustion

Question 22

Detail the Police responsibilities at a fire scene examination and investigation.

Answer 22

• Conduct the criminal investigation or coronial enquiry
• Undertake responsibility for the protection, collection and recording of forensic evidence
• The collection and removal of material from a fire crime scene
• The preservation, analysis and subsequent disposition of any such material

Question 23

Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site.

Answer 23

(a) Enter any land, building, or structure
(b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency
(c) Take or send any equipment or machine required to be used into, through, or upon any land, building, or structure
(d) Remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure
(e) Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicintiy 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)
(f) 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

Question 24

What is the penalty for s267 offences?

Answer 24

267(1) – 14 years
267(2) – 7 years
267(3) – 5 years

Question 25

What is the difference between s267 and s268 with regard to intent?

Answer 25

Whereas arson may be committed by a reckless act done without intent to burn or damage, an attempt to commit arson necessarily requires intent – mere recklessness cannot suffice.

Question 26

Describe the powers conferred by Section 28(4) of the Fire Service Act 1975?

Answer 26

- Enter private property when it is on fire or endangered, or 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 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 27

When will the Fire Service notify Police?

Answer 27

- A fire results in serious injury or death - A fire is considered suspicious

Question 28

What does FILO stand for?

Answer 28

Fire Investigation Liaison Officer

Question 29

What does FSILO stand for?

Answer 29

Fire Service Investigation Liaison Officer

Question 30

Who is a FSILO?

Answer 30

A staff member from the fire service. They have responsibility for arranging SFI attendance at the scene where requested by Police and establish and maintain working relationships with Police FILO in respective areas.

Question 31

What does FSSFI stand for?

Answer 31

Fire Service Specialist Fire Investigators

Question 32

What do FILOs have responsibility for?

Answer 32

- 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 FSILO and FSSFI - Assisting areas or districts with fire investigation-related queries - Ensure communication is maintained with Police - Co-ordinating fire investigation training for Police employees within the area or district, where needed - Providing other advice and expertise as required

Question 33

Who is a Specialist Fire Investigator?

Answer 33

An SFI is employed by the fire service and typically possesses extensive experience in firefighting and safety. They have received specialised training and assessment in fire investigation techniques.

Question 34

What is the role of a Specialist Fire Investigator?

Answer 34

To attend and investigate: - Fires where fatalities occur - Fires where serious (life threatening) fire-related injury has occurred - Structure fires where the cause is suspicious or cannot be determined - Significant fire spread across a property boundary - Fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards

Question 35

What do FSILOs have responsibility for?

Answer 35

- Arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police - Establishing and maintaining effective working relationships with relevant Police FILOs in the respective Police districts

Question 36

What are the 6 stages of fire scene control, notification and handover?

Answer 36

1. Fire Service has authority over a fire scene while a fire is in progress. Once the threat to life or property is extinguished, they will hand over the scene to the appropriate agency 2. Fire Service will notify Police if the fire was deliberate, suspicious, or fatal/serious injuries 3. Police Investigating Officer will confer with the Incident Controller to confirm handover 4. No handover will occur until the Fire Service has eliminated the danger of the scene 5. All agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan 6. Create an investigation plan

Question 37

At a fire scene, how are most injuries received?

Answer 37

- Inhalation of toxic substances - Ingestion of particles - Cuts/wounds from sharp objects - Air borne dusts, particles etc. - Falling down, over, onto or into any obstructions or cavities - Items from above falling into you or hitting objects and causing a chain reaction

Question 38

What clothing protection is required in a scene?

Answer 38

- Helmet - Overalls - Nose and mouth filter, a full face respirator or full BA - Gloves - Safety glasses - Heavy duty footwear

Question 39

What are the four main building materials?

Answer 39

- Timber - Steel - Concrete - Masonry

Question 40

What are the 8 steps for initial action to a deliberate or suspicious fire scene?

Answer 40

1. Interview the informant 2. Secure and control the scene 3. Interview the SFI and O/C of the first fire appliance to attend the scene 4. Interview the IC 5. Ensure safety of the scene, hold an initial conference with the SFI and conduct a prelim exam of the scene 6. If deemed suspicious hold a briefing conference 7. Determine a plan of action 8. Provide a SITREP to comms. Obtain the services of specialist groups e.g. photography

Question 41

What information should you obtain from the IC?

Answer 41

- Time and date of the call - What appliances attended - State of the fire - What action Fire took - What information the Fire Service has about the building’s security - What alterations have been made to the scene - Whether they think the fire is suspicious and why - Opinion on the informant - Details of people or vehicles acting suspiciously in the area

Question 42

What are the scene security considerations for Police?

Answer 42

- Ensuring the scene is not interfered with - Exclusion and control of on-lookers, property owners and other interested parties - Preserving evidence - Preventing looting

Question 43

When preserving a fire scene, what should you consider?

Answer 43

- Scope (how much of the area needs to be preserved) - Cordon - Common approach path - Record the scene prior to alterations

Question 44

What should an O/C Investigation do?

Answer 44

- Appoint an exhibits officer - Appoint a crime scene co-ordinator - Advise the FILO - Appoint a scene examiner

Question 45

What does the SFI determine at the conclusion of the detailed examination?

Answer 45

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

Question 46

What is the area of origin?

Answer 46

The general area of where the fire started.

Question 47

What is the point of origin?

Answer 47

The exact location at which: - A component failed - A fire was maliciously lit - An accidental fire originated I.e. where the fire started.

Question 48

What is the seat of fire?

Answer 48

The area where the main body of the fire is located.

Question 49

What is the preliminary internal examination?

Answer 49

Involves a slow walk through of the premises, from the area of least damage to that of most damage, taking note of indicators of anything unsusual about the behaviour of people and/or the house.

Question 50

What is the detailed internal examination?

Answer 50

Follwing the preliminary examinations (internal and external), you will accompany the SFI while they complete a detailed examination of the scene including damage, burn patterns and spalling.

Question 51

What is ‘crazing’?

Answer 51

Crazing of glass can be created by the rapid heating of glass and also the rapid cooling of it by the application of water spray in a hot environment.

Question 52

What are examples of control samples you could exhibit?

Answer 52

- Charred timber and ashes or debris from the seat of the fire - Any accelerants found near the scene - Soil from the surrounding area

Question 53

What is the purpose of conferencing?

Answer 53

- Assessing information obtained - Reconstructing - Establishing possible motives - Identifying suspects - Planning further enquiries

Question 54

Who might be present at a conference?

Answer 54

- O/C CIB - Crime scene co-ordinator - FILO - O/C Investigation - SFI - Investigating officers - Photography - Fingerprint section / SOCO

Question 55

What 12 steps should you take when making general enquiries in respect of fires not involving explosions?

Answer 55

1. Submit articles for ESR analysis 2. Complete an Offence Report 3. Obtain written reports, photographs and plans from the SFI, CAD report and a fire investigation report 4. Distrubute information for ID of suspects e.g. media 5. Plan enquiries and interview people 6. Area canvass 7. Consider possible motives and also the victim’s reputation and financial position 8. Contact the insurance company (may assist with motive) 9. Treat fires in the area with urgency and conduct prevention patrols 10. Contact Intel and FILO about the history of persons or location 11. Contact Meteorological Service to obtain weather report at the time of the fire 12. Maintain contact with the owner

Question 56

What 12 steps should you take when making suspect enquiries in respect of fires not involving explosions?

Answer 56

1. Conduct enquiries to identify the suspect 2. Consider WHO might be a suspect 3. Investigate suspects thoroughly and according to priority 4. Consider surveillance 5. Consider the suspect’s opportunity, motive, mens rea, connection with the scene and crime, character and history 6. Consider a search warrant 7. Interview the suspect 8. Consider a photoboard 9. Complete enquiries to corroborate or negate the suspect’s explanation 10. Advise your supervisor 11. Arrest the suspect 12. Complete 4C in relation to the file

Question 57

What must you include in the report in respect of fires not involving explosives?

Answer 57

- Introduction - Information about the property - Details of the fire and events leading up to it - The value of the damage - The results of the investigation - Information on the insurance - The results of general enquiries

Question 58

What 5 steps should you do as part of your initial action for fires involving explosives?

Answer 58

1. Consider a secondary device 2. Do not use cell phones, portable radios or other transmitting devices 3. Evacuate the scene to a distance of at least 100m and consider an explosives detector dog 4. Obtain the assistance of an IED operator 5. Regular SITREPs to Comms

Question 59

What are the characteristics of explosives damage?

Answer 59

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

Question 60

What might you search for at a suspect’s address?

Answer 60

- Suspect’s clothing - Accelerants - Containers - Igniters - Wick fabric - Traces of debris from the scene

Question 61

Which people should be interviewed?

Answer 61

- Owner/occupier of the house - Person who last secured the house - Person who found the fire - Person who gave the alarm - Bystanders - Media - Local Police

Question 62

What is the difference between a gas explosion and someone setting explosives?

Answer 62

Explosions caused by gas generally cover a wider area than those caused by explosives, and they do not leave a crater.