Arson SA + MC

Question 1

When Speaking to Fire Incident Controller what questions do you ask?

Answer 1

1) Time, Date and Manner of the call
2) What Appliances attended
3) The state of the fire when the fire service arrived
4) What action the fire service has taken, particularly around entry and ventilation
5) Info about buildings security
6) What alterations they have made to the scene
7) Whether they think the fire is suspicious
8) Their opinions on the informant
9) details of suspicious vehicle and people

Question 2

10 signs of deliberate fire

Answer 2

1) Hindering Access
2) Evidence of explosives
3) Misdirecting firefighters
4) Multiple seats of fire
5) Uneven burning
6) Unusually rapid spread or intensity of fire
7) Signs that a heater, soldering iron or other electrical appliance has been left on
8) Signs that furniture was rearranged
9) Smell of petrol or chemicals
10) Tampering with sprinkler/alarm system

Question 3

Claim of Right

Answer 3

CLAIM OF RIGHT
In relation to any act, means a belief at the time 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 matter of law other than the enactment against which the offences is alleged to have been committed
SEC 2 CA 61

Question 4

Arson Offence

Life

Answer 4

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

• Intentionally OR Recklessly
• Damages by Fire OR Damages by means of explosive
• Any Property
• If he or she knows “or” out to know that danger to life is likely to ensue

Question 5

Explosive

Answer 5

Explosive - Sec 2 AA 83
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rates to result in an explosion or of producing a pyrotechnic effect,
Includes: Gunpowder, gelignite, detonators
Does not Include: Firearms, Fireworks

Question 6

Damage by Fire

Answer 6

DAMAGES BY FIRE
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 7

When must fire service report fire to Police

Answer 7

Fatality
Serious Injury
Suspicious

Question 8

Where do you start when conducting a prelim internal investigation

Answer 8

From the least damage into the most damaged/seat of the fire

Question 9

What must you do when a fire has been started by explosive

Answer 9

clear the scene in-case a secondary device is present

Question 10

Who must you liase with at the scene

Answer 10

Fire service incident controller

Question 11

When can a person be held liable for recklessness?

Answer 11

When they know or ought to know that life or property is in danger or damaged

Question 12

R v Archer

Answer 12

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

In R v Archer the defendant was charged with arson after setting fire to some toilet paper in the bathroom of a church, resulting in “blackening” to the top of the sink.

Question 13

Arson

Property

Answer 13

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

• Intentionally OR Recklessly
• And without claim of right
• Damages by Fire OR Damages by means of explosive
• Any immovable property or any vehicle, ship or aircraft in which that person has no interest

Question 14

Property

Answer 14

Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
SEC 2 CA 61

Question 15

Difference between gas explosion and someone setting explosives

Answer 15

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

Question 16

Someone is a tenant in a house and cooks food and burns the house down.
Liable?
Case law?

Answer 16

No liability
R v Wilson
Tenant means a person has an interest in the property in in the absence of aggravating features the person has a defence

Question 17

Sec 28 Fire Service Act

Answer 17

1) Close Roads
2) Remove vehicle impeding the Fire Service
3) Remove people who are in danger of interfering with operations - Reasonable force if necessary
4) Enter private property when it is on fire or endangered or essential to perform duty
5) Do anything else that is reasonably necessary to protect life and property.

Question 18

Surrounding areas of the external examination may reveal what?

Answer 18

1) Accelerant containers
2) Contents of outbuildings missing
3) Property run downs
4) Business appears to be struggling

Question 19

Points to note in relation to Preliminary internal examination

Answer 19

1) Low Stock
2) Signs of hardship
3) Presence of accelerant containers or trails
4) Separate unrelated seats of fire
5) Unusual odors
6) Burn Patterns
7) Rifled Presmises
8) Owner/Occupier attitude during walk through

Question 20

At conclusion of examination the fire service will be asked to determine what

Answer 20

1) Area of origin
2) Point of origin
3) The seat of the fire

Question 21

R v MOHAN

Answer 21

Intent involves a decision to bring about the commission of an offence

Question 22

Police duties when guarding the scene

Answer 22

1) Watch for possible suspects
2) Ensure scene is not interfered with
3) Exclusion and control of onlookers and property owners
4) Report all matters of significance to O/C
5) Be aware of re-ignition from hotspots
6) identify witnesses from onlookers
7) Preserve evidence
8) Prevent looting

Question 23

Confrences must be held during the scene examination to assist with

Answer 23

1) Planning further inquiries
2) Establishing motives
3) Assessing information
4) Reconstruction
5) Identifying suspects

Question 24

Actions after conference

Answer 24

1) Appoint exhibit officer
2) Appoint a crime scene coordinator
3) Appoint a scene examiner
4) Advise the fire investigation liaison officer

Question 25

Initial action involving explosives

Answer 25

1) Remember there may be a secondary device
2) Do not use cell phones/radios
3) Evacuate the scene to 100m
4) If IED found obtain assistance from department of labour or defence force
5) regular sitreps

Question 26

Providing explosives to commit an offence

Offence

Answer 26

Section 272 Crimes Act 1961
2 Years

• 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.

Question 27

Building an explosive, what must prosecution prove

Answer 27

1) the defendant knew what the substance was
2) R v HALLAM
The defendant knowingly had the substance in his possession and knew it was an explosive substance

Question 28

People to interview on arrival at arson

Answer 28

1) Informant
2) Specialist Fire Investigator
3) O/C of first appliance
4) Incident Controller

Question 29

Scene Guard for explosive - what steps to take

Answer 29

1) Remember there may be a secondary device
2) Do not use cell phones/radios
3) Evacuate the scene to 100m

Question 30

What is involved in a Scene Examination of a fire involving explosives

Answer 30

1) Video and photograph scene
2) Continually reconstruct
3) Request attendance of suitably experienced ESR analyst
4) Swab scene and hands, examine clothes of suspect

Question 31

Recklessness

Answer 31

Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless or risk
R v HARNEY

In R v Harney the defendant was convicted of murder after stabbing the victim in the stomach during an altercation. He argued unsuccessfully that he had been aiming for the victim’s leg knowing he could have seriously injured the man, but denied wanting to kill him.

Question 32

Purpose of a conference after a suspicious fire

Answer 32

forms the basis of your scene examination and risk assessment planning

Question 33

List persons involved in a conference

Answer 33

1) Crime Scene Coordinator
2) O/C CIB
3) Police photographer
4) Investigating officers
5) Specialist fire investigators
6) Fire Investigator Liaison Officer
7) O/C Investigation
8) SOCO
9) Other specialist as required

Question 34

Preserve a fire scene

Answer 34

Investigator should liaise with incident controller to limit operations/personal in scene

Question 35

Considerations to identify best method of protection

Answer 35

1) Assessment of each hazard

2) A strategy to prevent an occurrence or limit its impact

Question 36

Things fire safety officer notes on detailed scene exam

Answer 36

1) Damage to roof
2) Damage to wall studs
3) Damage to window
4) Removal of fire debris
5) Elimination of false low burns
6) Smoke depositis
7) Burn patterns
8) Spalling (cracking and chipping of concrete as it heats then cools)
9) Soot deposits on windows
10) skirting board damage
11) Floor areas burned through
12) Under floor

Question 37

To determine the seat of the fire the investigator will consider

Answer 37

1) Colour of flames and smoke
2) reports and opinions of other specialists
3) When they first noticed the fire
4) Presence of starting fires
5) State of fire at that time
6) Severity of the damage
7) Direction of spread
8) Depth of charring
9) Wind direction and speed
10) Witness reports

Question 38

Questions to ask property owner

Answer 38

1) When the premises was last secured and by whom
2) Whether s/he knows the cause of the fire
3) Actions leading up to fire
4) details of any suspects
5) Insurance details
6) Type of business

Question 39

Exhibit control samples

Answer 39

1) Charred timber and ash from the seat of the fire for comparison with other areas
2) Accelerants found at scene
3) Soil from surrounding area

Question 40

Insurance company enquiries

Answer 40

1) obtain services of an assessor
2) Particulars of the insurance
3) Copies of policy
4) Prior claims
5) details of any increase in cover
6) Details of any over insurance

Question 41

Clean path method

Answer 41

Common approach path - all traffic through the scene should be limited to corridors
Reduces the possibility of introducing evidence to the scene or evidenced being damaged

Question 42

Benefit

Answer 42

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Sec 267(4) CA 61

Question 43

Two intents for section 267(1)(c)

Answer 43

With intent to obtain any benefit OR Cause loss to any other person

Question 44

How to determine seat of the fire

Answer 44

1) Witness report
2) When witness first noticed the fire
3) state of the fire when first noticed
4) wind direction and speed
5) Direction of spread
6) reports and opinions of other specialists

Question 45

External examination takes into account

Answer 45

1) adjoining premises
2) Nearby alleyways
3) Yard and out buildings
4) Periphery of the structure
5) What distance debris were scattered

Question 46

How can suspects be identified

Answer 46

1) Circumstances of fire
2) Fingerprints
3) witness info
4) Media Response
5) Police intelligence
6) Prison Enquiries, psychiatric hospitals
7) info from fire crews

Question 47

Obtain from suspects

Answer 47

1) Full particulars
2) Criminal history
3) Motor vehicle details
4) Details of Associates
5) Photograph

Question 48

three things to do at scene of explosion if an expert needs to enter before the scene has been fully examined

Answer 48

1) Create path to centre of explosion by laying clean plastic or stepping plates
2) Have ESR swab immediately
3) Vertical sheets or iron are good sources of residue, e.g street signs, fences

Question 49

R v Harpur

Answer 49

“[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.”

In the previously cited R v Harpur, the defendant was involved in a series of text messages with a woman in which he described, in explicit detail, sexual acts that he wanted to perform on the woman’s 4-year-old niece. He arranged for the girl to be brought to him for that purpose

Question 50

R v MORLEY

Answer 50

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

In R v Morley, a deception case, the Court of Appeal reviewed the nature of loss and held that criminality could only arise from direct loss;

Question 51

Fire defenition

Answer 51

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

Question 52

Incendiary and explosive devices

Answer 52

Molotov cocktails
Pipe Bomb
Letter Bomb

Question 53

Natural causes of fire

Answer 53

1) Carelessness - matches, welding, clothes near heater, paint stripping
2) Faults - electrical, heating
3) Nature - sun, chemical reactions

Question 54

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

Answer 54

− handover of the fire scene
− access to the fire scene
− process for examination and investigation
− identification and collection of evidence at the fire scene