Must Know

Question 1

Recklessness

Answer 1

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 2

Proving Recklessness

Answer 2

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 3

Fire

Answer 3

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.

Question 4

Fire Damage

Answer 4

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 5

Intent

Answer 5

Deliberate act and intent to produce a result

Question 6

Without claim of right

Answer 6

A belief at the time of the act in a proprietary or possessory right to the property

Question 7

Damages by fire

Answer 7

Burning or charring, doesn’t have to be set alight. Melting, blistering of paint or smoke damage will suffice.

Question 8

Explosive

Answer 8

Substance or mixture capable of decomposition at a rapid rate that results in an explosion. Includes gunpowder, dynamite, ammunition etc.

Question 9

Property

Answer 9

Includes real and personal property, any estate or interest in any real or personal property.

Question 10

Immovable Property

Answer 10

If it is currently fixed in place and unable to be moved (e.g House, Rubbish skip)

Question 11

Vehicle

Answer 11

A contrivance equipped with wheels, tracks or revolving runners which it moves on

Question 12

Ship

Answer 12

Any description of a vessel used in navigation

Question 13

Aircraft

Answer 13

Machine that derives support from the air

Question 14

Knows or ought to know

Answer 14

Knowing - awareness of the truth, correctly believing- Simester and Brookbanks

Question 15

Danger to life

Answer 15

Danger must be someone else’s life and is human

Question 16

Interest

Answer 16

Tenancy of a property constitute interest in it

Question 17

Benefit

Answer 17

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

Question 18

Cause Loss

Answer 18

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

Question 19

Person

Answer 19

Accepted by JN & CE. Police car example – cause loss to organisation which is a person under wider definition.

Question 20

Attempt

Answer 20

Intend to commit the offence and take a real and substantial step towards acheiving that aim

Question 21

The person in charge of FENZ at a fire is charged with direction of operations. Powers include;

Answer 21

• Enter private property when it’s on fire or endangered
• Close roads
• Remove impeding vehicles (break into if necessary)
• Remove people in danger or interfering (reasonable force)
• Do anything reasonable for protection of life and property

Question 22

FENZ will notify Police if

Answer 22

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

Question 23

FILOS – Fire Investigation Liaison Officer – Responsibilities

Answer 23

• Attend every fire that is serious injury or death
• Coordinate investigations in their designated area
• Maintain working relationships with FSSFI and FSILO
• Coordinate FI training for Police
• Arrange Police attendance at the fire scene

Question 24

FSSFI – Specialist Fire Investigators, will attend and investigate;

Answer 24

• Fatalities
• Serious injuries
• Suspicious structure fires
• Fire safety features have failed
• Structure fires or 3rd alarm equivalent

Question 25

Fire scene injuries

Answer 25

- Inhalation of toxic fumes - Ingestion of particles - Cut/wounds from sharp objects - Tripping on fire debris - Falling down or over obstructions or cavities - Items falling

Question 26

Clothing protection

Answer 26

Helmet, overalls, respirator, gloves, safety glasses, heavy duty footwear.

Question 27

Common method of setting fires

Answer 27

Candles, chemical ignitors, matches, Molotov cocktails, timing devices, trailers

Question 28

Non-intentional causes of fire (3 topics to remember – carelessness, faults, nature)

Answer 28

Carelessness Faults Nature

Question 29

Carelessness Causes of fire

Answer 29

- Misusing electricity - Ironing - Burning rubbish - Smoking - Child playing with matches

Question 30

Faults

Answer 30

- Heating systems - Appliances - Electrical wiring - Machinery

Question 30

Nature

Answer 30

- Chemical reaction - The sun - Lightning - Rodents eating wiring

Question 31

Interviewing witnesses, including;

Answer 31

-Informant, fire fighters, occupants, employees, owners, neighbours, spectators, local police, reporters, photographers. (EVERYONE

Question 31

Interviewing the incident controller – find out;

Answer 31

- The time and date of the caller - Opinion on informant - The state of the fire when FENZ arrived - What action FENZ have taken - What alterations made to the scene - Whether they think fire suspicious - Details of people or vehicles acting suspiciously in vicinity.

Question 32

Preserving the scene

Answer 32

Ensure the scene is not interfered with Exclusion and control of onlookers Preserving evidence Prevent looting

Question 33

External examination, look for;

Answer 33

The adjoining premises; Accelerant containers Attempted forced entry Broken windows Alleyways Buildings fire effected Surrounding area Accelerant containers Contents of outbuilding missing, Run down property, Business appears to be struggling Damaged structure Jemmy marks, broken glass, burn patterns.

Question 33

Preliminary Internal Examination

Answer 33

- Signs of hardship - Lack of clothing in wardrobe, drawers - Rifled premises - Owner/occupier attitude - Unusual odours

Question 34

Detailed internal examination will enable the SFI to determine the area and point of origin and seat of fire. Look for;

Answer 34

- Burn patterns - Damage to walls, roof timbers - Damage to window sills, door edges - Damage to floor

Question 35

Determining the seat of the fire;

Answer 35

- Witness reports – when and where they first noticed fire - Wind direction and speed - Colour of flames and smoke - Severity of damage - Reports and opinions of other specialists

Question 36

Complete enquiries to establish the suspect’s;

Answer 36

- Opportunity - Motive - Mens Rea ‘guilty mind’ - Connection with the scene and the crime - Character, history, mental background, behaviour

Question 36

Search warrant at suspect’s, evidence could include;

Answer 36

- Accelerants - Containers - Ignitors - Traces of debris from the scene Be alert for signs that the suspect has been at the scene of the fire for example, burnt facial hair, smell of smokes, residues of fuel or other products on skin

Question 37

Common electrical ignition sources and techniques

Answer 37

- Heaters and clothing - Toaster by curtains - Leaving a pot of stew on the stove - Heaters and clothing - Ceiling exhaust fans

Question 38

Damage cause by explosions include

Answer 38

- Cratering - Spread of debris - Shedding of materials - Peculiar smell - Shrapnel marks

Question 38

What combination is needed to start fire?

Answer 38

Oxygen, Heat and Fuel

Question 39

Liquid samples

Answer 39

Do not forward liquid samples in anything other than the bottles provided. Ensure that the tops are tightly fastened. Clean the outside surface of the bottle and place in the polystyrene box. If possible, hand deliver the samples. Otherwise, post under separate cover in a NZ Post handibag. Or place and secure in a tin. =

Question 40

What are the Police responsibilities at a fire scene and examination?

Answer 40

* conduct the criminal investigation or coronial enquiry * undertake responsibility for the protection, collection and recording of forensic evidence.

Question 40

What are the 3 non-intentional causes of fire? Give examples of each cause:

Answer 40

Carelessness Faults Nature

Question 41

When conducting a prelim internal examination where should you start

Answer 41

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

Question 42

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

Answer 42

Clear the scene incase a secondary device is present

Question 43

Who must you liaise with at the fire scene

Answer 43

Fire service incident controller

Question 43

A person can be held criminally liable for recklessness if?

Answer 43

They know or ought to know life or property is in danger or damaged.