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CIB Modules 22/23 - Mwby42 > CIB 012 - Arson > Flashcards

CIB 012 - Arson Flashcards

1
Q

Liability: arson (danger to life)

A

Section 267(1)(a)

1- Intentionally/recklessly
2- damages by fire/by explosive
3- any property
4- if he knows/ought to know danger to life likely to ensue

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2
Q

Liability: Arson (no interest in property)

A

Section 267(1)(b)

1- Intentionally/recklessly
2- without claim right
3- damages by fire or by means of any explosive
4- any immovable property/veh/ship/aircraft
5- in which that person has no interest

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3
Q

Liability: Arson (intent obtain benefit)

A

Section 267(1)(c)

1- Intentionally
2- damages by fire/by explosive
3- any immovable property/veh/ship/aircraft
4- with Intent
5- to obtain any benefit or cause loss to any other person

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4
Q

Liability: Arson (no interest lower value property)

A

Section 267(2)(a)

1- Intentionally/recklessly
2- w/o COR
3- damages by fire or explosive
4- any property
5- in which that person has no interest

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5
Q

Liability: Arson (obtain bene lower value)

A

Section 267(2)(b)

1- intentionally/recklessly
2- damages by fire/explosive
3- any property
4- with intent
5- to obtain any benefit/cause loss to other person

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6
Q

Liability: Arson (reckless disregard)

A

Section 267(3)

1- intentionally
2- damages by fire/explosive
3- any property
4- with reckless disregard for safety of any other property

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7
Q

What does benefit include under arson (267) and also intentional damage (269)?

A

Benefit means: “BPPPSV”

Any benefit
Pecuniary advantage
Property
Privilege
Service
Valuable consideration

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8
Q

What are the 2 specific types of intent to prove?

A

Intentions act
Intent to produce a specific result

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9
Q

Caselaw: R v COLLISTER?

A

Intent can be inferred from circumstantial evidences and inferred from:
1 - Offenders actions/words before or during and after
2 - the surrounding circumstances
3 - the nature of the act itself

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10
Q

Acting recklessly involves what?

A

Consciously and deliberately taking an unjustifiable risk

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11
Q

Caselaw: CAMERON v R?

A

“Recognise real”

Recklessness established if:

Recognised real possibility actions would bring a proscribed result and actions were unreasonable

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12
Q

What is part a of the CAMERON test?

A

Subjective test: “A real possibility”

Defendant recognised the risk the offence is possible

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13
Q

What is part b of the CAMERON test?

A

Obj test: were actions reasonable given risk understood.

If no social utility = unreasonable.
is social utility, objectively would reas prudent person taken risk

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14
Q

What must be proved in recklessness?

A

1- that the defendant consciously and deliberately ran risk (subj)

2- the risk was unreasonable in circ”s as known to defendant (obj)

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15
Q

What does damaged by fire include?

A

“BCMBS”

Burning, charring, melting, blistering smoke damage

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16
Q

Caselaw: R V ARCHER?

A

“Archer arrow damage perm/temp”

Property damaged if suffers perm/temp physical harm or impairment of use/value

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17
Q

What is fire a result of?

A

Process of combustion and a chemical reaction between fuel and oxygen triggered by heat

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18
Q

Def: explosive?

A

Any substance/mixture/combo substances which in normal state
capable of decomposition at such rapid rate to result in explosion or pyro effect

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19
Q

Def: property?

A

Real and personal property and any estate in interest in such

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20
Q

Def: what does knowing mean?

A

Knowing or correctly believing

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21
Q

Def: life?

A

Means human life

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22
Q

Def: claim of right?

A

At time of act, a belief in proprietary or possessory right in property to which offence alleged. Belief may be based on ignorance or mistake

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23
Q

In general what does immovable property relate to?

A

Buildings, land and things growing on land like forests

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24
Q

Def: vehicle?

A

Contrivance equipped with wheels tracks or runners on which it moves or is moved

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25
Def: ship?
Every description of vessel used in navigation however propelled
26
Def: obtain?
Obtain or retain for himself
27
Caselaw: R v MORLEY?
“More loss assessed” Loss is assessed by the extent to which complainants position prior to offence is diminished or impaired
28
What does legislation include under the element of “person” for arson cause loss charges under 267(1)(c)?
real people but also companies and other organisations
29
Liability: attempted arson?
Section 268 1- attempts 2- to commit arson in respect of 3- any immovable property or VSA
30
Attempts To be guilty of an attempt to commit an offence a person must? (2 things - mens/actus)
(Mens and actus) - intend commit offence - real/substantial steps to achieve aim
31
Section 72(3) crimes act? (Attempts)
Act may constitute attempt if sufficiently proximate and connected with offence
32
Re attempts, how will the court assess proximity?
Cumulative assessment to Analyse the defendants conduct at relevant time in conjunction with evidence of intent based on circ”s leading up to that point
33
Caselaw: R v HARPUR?
“ conduct cumulatively “ the court may have regard to conduct either cumulatively up to point when conduct in question stops or consider in its entirety. What remains to be done is always relevant but not determinative
34
Examples of acts that may be sufficiently proximate?
“Lepu” - lying in wait for vic - enticing vic to scene - possession materials for crime - unlawful entry of structure/vehicle
35
What are the 4 specific matters a FENZ specialist fire investigator will liaise with police/FILO on?
“HAPI” Handover Access to scene Process for exam and investigation ID and collection of evidence
36
Liability: intentional damage (danger life)
269(1) 1- Intentionally/recklessly 2- Destroys or damages 3- Any property 4- knows or ought to know danger to life likely result
37
Liability: intentional damage (no interest)
269(2)(a) 1- intentionally/recklessly 2- w/o COR 3- destroys or damages 4- any property 5- which person has no interest
38
Liability: intentional damage (obtain benefit)
269(2)(b) 1- intentionally/recklessly 2- w/o COR 3- destroys or damages 4- any property 5- with intent to 6- obtain benefit/cause loss to other person
39
Liability: intentional damage (reckless disregard)
269(3) 1- intentionally 2- destroys or damages 3- any property 4- with reckless disregard for safety of any other property
40
Penalty for providing explosives sec 272 CA 61?
2 years
41
In HALLAM what did the court hold in terms of an offenders knowledge re an explosive substance charge?
Held the offender must knowingly have possession and know it to be an explosive substance
42
What is the special meaning of “engine and instrument”
The nature of a device intended to explode or cause fire/emission of noxious things
43
Matters a fire specialist investigator considers to determine the seat of fire?
“WWWCSD” Witnesses When first noticed Wind direction Colour of flame/smoke Severity damage Depth charring
44
5 examples of carelessness that might result in fire?
Misuse electricity Children play matches Ironing Fireworks Leaving oven unattended
45
Materials used to start fire?
“RMMCC” Rubbish Molotov cocktails Matches Candles Cigarettes
46
The person in charge of FENZ at a fire is charged with direction of operations (S42 FENZ Act 2017). This gives them power to?
Enter private property when on fire/endangered Use equipment on land building Remove flammable dangerous material from land Pull building down
47
For police to exercise FENZ powers under S28 of the fire service act 1975 what enables police to do this?
If called upon by FENZ member in charge
48
What are the 2 scenarios FENZ will notify police on about a fire?
Fire results in serious injury or death Fire considered suspicious
49
What are a FILO”s responsibility?
- attend fires resulting in serious injury or death - coordinating fire investigations - arranging police attendance - maintain effective relationships - assist with fire related queries
50
Specialist fire investigators called to fires when?
Fatalities Serious injuries Suspicious Significant fire across boundary 3rd alarm structure fires (6 appliances) Request from police
51
Outline the simplified 6 steps of a fire scene control notification and handover?
“TNCHCR” - threat gone (life/prop) then handover - notify if suspicious - confer with police investigator - handover once danger eliminated/. isolated/minimised - CIMS management - roles of agencies
52
What are police responsibilities with a fire investigation?
Conduct criminal/coronial investigation Protection and collection of evidence Preservation analysis and disposal of exhibits
53
What are common ways injuries occur at fires?
- inhale toxic substances or particles - cuts or wounds - tripping - items falling
54
What protective clothing should be worn at a fire scene by police investigator?
- helmet - overalls - nose/mouth filter - gloves - glasses - HD footwear
55
What are the 4 main types of building materials in a building?
Timber, steel, concrete, masonry
56
Initial action steps on arrival at fire scene?
- interview infmt - secure control scene - initial interview 1st FENZ appliance - incident controller FENZ info (time call, what appliances action taken, building security, alterations scene, 1C or not opinion of infmt etc) - ensure safety scene before conference - conference - brief staff
57
What are 4 scene security considerations?
- scene not interfered with - exclusion/control onlookers (nosey cunts) - preserve evidence - prevent looting
58
Conferences: these are held during the scene examination to assist with? “AREIP”
“AREIP” Assessing info Reconstructing Establish motives ID suspects Plan further 4Q”s
59
Conferences: people who attend can include?
OC CIB Crime scene coordinator FILO OC investigation Fire investigator Photography SOCO Other specialists
60
List some goals/tasks and inquiries to complete during suspect phase re fires not involving explosives?
ID suspect Investigate fully Consider surveillance Establish suspects: opportunity, motive, intent and connection Consider search warrant Interview suspect Investigate explanation (cooberate or negate)
61
Initial action at fire scene involving explosives? “SNED”
“SNED” Secondary device No cellphones or electronics Evacuate 100M plus Detector dog
62
Characteristics of damage caused by explosives? “CSSSSD”
Cratering Spread debris Shredding material Shrapnel marks Smell almonds Dust
63
If you have an attempt liability what points to cover in attempts wording in liability answer? (3 things and the caselaw)
Prove: -Offender intended to commit offence - Took real and substantial steps to commit offence - 72(3) - an act may constitute attempt if sufficiently proximate and connected to offence - court will assess conduct at relevant time in conjunction with evidence of his intent based on circumstances leading up to that point Caselaw: R v HARPUR: court have regard to conduct either cumulatively up to point when conduct stops or consider in entirety, what remains is always relevant but not determinative
64
Section 44 FENZ ACT?
Shut water off Shut off services Close road Remove vehicles Remove people Anything to protect life
65
3 step exhibit process?
Photo in situ and label Use arson containers Take control samples
66
If conducting a search warrant at a suspects house post arson, what evidence might be sought or located?
Accelerants Containers Igniters Wick fabric Trace debris Photos

CIB Modules 22/23 - Mwby42 (10 decks)

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