Ourson Short Answers

Question 1

R v Archer case law

Answer 1

R v Archer- Property may be damaged if it suffers permanent or temporary physical harm or perm or temp impairment of its use or value.
The court ruled it was insufficient evidence to determine whether blackening was charring, which would have been damage, or just deposit of soot which may or may not have amounted to damage depending on the extent of it.

Question 2

Definition of explosives

Answer 2

Section 2 Arms Act 1983
Explosive-
(a) means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect;
and

(b)- includes
(a) plus includes gunpowder, nitro-glycerine, dynamite, guncotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions;
and

(c)- (a) and (b) plus includes any device, contrivance or article which uses any substance or mixture or combination of substances to which paragraph (a) or (b) applies as an integral part of it for the purposes of producing an explosion or ballistic or pyrotechnic effect, BUT does not include a firearm;
and

(d)- Does not include any firework

Question 3

Dealing with scene including Explosives

Answer 3

1. Because modern explosives residues are often slight and dissipate rapidly the OC scene may need to authorise the expert to enter the centre of the scene before it has been fully examined. In this case:
   (a) create a path to the centre of the explosion by laying clean roll of plastic or stepping plates
   (b) Have the ESR analyst start swabbing the area immediately (work outwards from the seat of explosion)
   (c) Vertical sheets of iron adjacent to the blast are often good sources of residue
   (d) Ensure items and tools used are carefully cleaned before use. Avoid cross contamination.

Question 4

Who owns the meters and electricity fuses?

Answer 4

The electric supply company (utility) owns them, not the tenant or home owner.

Question 5

Incident controller at fire scene. Who should you interview/speak to?

Answer 5

It is the purpose of the initial interviews to gain knowledge about the sequence of events before, during and after the fire that may have a bearing on the investigation.

1. The person(s) who found the fire, raised the alarm and called police or fire
2. Fire fighters
3. Occupants and their visitors
4. Employees including cleaners and casual staff
5. Owners
6. Neighbours
7. Spectators
8. Passers-by
9. Local police
10. Patrols
11. Other police and security staff
12. Vendors and delivery people
13. Reports and photographers
14. Ask about suspects and/or other people’s movements and people who have left the scene. Also considering sourcing media footage to identify persons at the scene.

Question 6

R v HARPUR caselaw ATTEPMTS

Answer 6

R v Harpur- The court may have in regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.

It was discussed that an attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 7

What is required to prove damage to property to fire?

Answer 7

1. Often involve burning or charring
2. Not nec that property is set alight
3. Melting, blistering of paint or significant smoke damage may be sufficient.
4. In general terms, any change in an object that impairs its value or usefulness may constitute damage; whether or not such a change amounts to damage is a matter of fact and degree to be determined on a case by case basis.

Question 8

Difference between a gas explosion and someone setting explosives

Answer 8

Explosions caused by gas generally cover a wider area than those caused by explosives, and they do not leave a crater. Lighter than air gases such as hydrogen will create an outward blow at the top of a wall, whereas heavier than air gases blow out at the bottom of a wall. There are a number of other tell-tale signs, including the implosion of cabinets, which will be obvious to the expert.

Question 9

Someone is a tenant in a house and cooks food, burns down the house, list the offence they are liable for and state the case law.

Answer 9

No liability because s267(1) (b) R v Wilson applies, tenancy means there is an interest in the property

Question 10

Section 28 Fire Service Act

Answer 10

1. Enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty (s.28(4)(b))
2. Close roads (s.28(4)(h))
3. Remove vehicles impeding the Fire Service. If necessary they can break into the vehicles for that purpose (s.28(4)(i))
4. Remove people who are a danger or interfering with operations, using reasonable force if necessary (s.28(4)(j))
5. Do anything else that is necessary for the protection of life and property (s.28(4)(n))

Question 11

EVIDENCE OF WILFUL CAUSES OF FIRE

Answer 11

1. Multiple seats of fire
2. Signs that windows or skylights were opened to create a draught
3. Intentional removal of valuable property
4. Evidence of intentional interference i.e. tampering with alarm/sprinkler system
5. Evidence of explosives
6. Misdirecting fire fighters
7. Evidence of accelerants i.e. containers
8. Smell
9. Traces in debris
10. Signs that a heater, soldering iron or other electrical appliance has been left on
11. Unusual rapid spread or intensity of fire

Question 12

AFTER THE CONFERENCE

Answer 12

1. Appoint an Exhibits Officer
2. Appoint a Crime Scene Coordinator (if required)
3. Advise the fire investigator
4. Appoint a scribe
5. Appoint a scene examiner

Question 13

GUARDING AND CONTROLLING THE SCENE

Answer 13

1. Be vigilant and watch for suspects
2. Locate witnesses among onlookers and passersby
3. Report all matters of significance to the O/C
4. Investigation and/or scene coordinator
5. Prevent further fire or damage
6. Exclude and control onlookers, property owners and other interested parties
7. Avoid interfering with the scene
8. Prevent looting
9. Preserve evidence

Question 14

R v MOHAN

Answer 14

Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commision of the offence.

Question 15

R v ARCHER

Answer 15

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

Question 16

DIFFERENCE BETWEEN A GAS EXPLOSION AND A EXPLOSIVE THAT IS SET

Answer 16

1. Explosions caused by gas generally cover a wider area than those caused by explosives
2. Explosives cause cratering
3. Medical evidence – one or more of the suspects or victims may have inhaled gas prior to the explosion

Question 17

EXTERNAL EXAMINATION

Answer 17

The surrounding area of the involved premises may also reveal:

1. Business appears to be struggling
2. Contents of outbuildings missing
3. Accelerant containers
4. Property run-down

Question 18

PRELIMINARY INTERNAL EXAMINATION

Answer 18

During the preliminary examination take note of indicators such as:

1. Forced entry into an empty till
2. Open filing cabinets or missing files
3. Owner/occupier attitude during walkthrough (if access is permitted)
4. Low stock
5. Signs of hardship
6. Separate unrelated seats of fire
7. Building areas in need of repair
8. Missing family photos, furniture and personal items

Question 19

AT THE CONCLUSION OF THE EXAMINATION

Answer 19

At the conclusion of the examination the NZFS Fire Safety Officer or specialised fire investigator will be able to determine:

1. Area of origin
2. Point of origin
3. Seat of the fire

Question 20

IDENTIFYING THE BEST METHOD OF PROTECTION

Answer 20

CONSIDER:
An assessment of 
	- Inhalation of toxic substances
	- Ingestion of particles etc
	- Injection 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

Question 21

CHARACTERISTIC DAMAGE CAUSED BY EXPLOSIVES

Answer 21

WHAT TO LOOK FOR:

1. Cratering
2. Spread of debris
3. Shredding of materials
4. A smell peculiar to the exploded material i.e. smell of ‘almonds’
5. An overlay of dust
6. Shrapnel marks

Question 22

INITIAL ACTION WITH FIRES NOT INVOLVING EXPLOSIVES

Answer 22

Police aim is to coordinate the investigation and investigators using the NZFS to determine the origin and cause of the fire.

STEP 1 – Briefly interview your informant
STEP 2 – Secure and control the scene
STEP 3 – Initial interview of the Fire Safety Officer/ O/C of the first fire appliance to attend the scene
STEP 4 – Interview the incident controller at the scene
STEP 5 – If fire is extinguished, ensure safety of the scene before an initial conference
STEP 6 – Regroup and hold a briefing conference if deemed suspicious
STEP 7 – Confer with other staff and determine a plan of action
STEP 8 – Contact the comms room and supply a SITREP. Ask for assistance if necessary, and the attendance of specialists i.e. photographer, fingerprint techinician

Question 23

DETAILED INTERNAL EXAMINATION

Answer 23

Completed by the Fire Safety Officer (with you accompanying them) – take note and observe:

1. Smoke deposits and burn patterns
2. Soot deposits on window glass and craze patterns
3. Spalling
4. Damage to wall studs
5. Damage to roofing timbers
6. Damage to window sills and door edges
7. Floor areas burned through
8. Skirting board damage
9. Under floor inspection
10. Removal of fire debris
11. Elimination of false low burns

Question 24

DETERMINING THE SEAT OF THE FIRE

Answer 24

1 .Witness reports
2. When they first noticed the fire, and where they were at the time
3. The state of the fire at that time
4. Wind direction and speed, and the weather
5. The direction of spread
6. The colour of the flames and smoke
7. The severity of the damage
8. The depth of charring
9. The presence of ‘starting devices’
10 The reports and opinions of other specialists

Question 25

SPECIALIST FIRE INVESTIGATORS

Answer 25

Employed by the Fire Service and called to attend and investigate: 1. Fires where fatalities occur 2. Fires where serious (life threatening) injuries have occurred 3. Structure fires where the cause is suspicious or can not be determined 4. Significant fire spread across a property boundary 5. Fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards

Question 26

POLICE RESPONSIBILITY

Answer 26

1. CONDUCT THE CRIMINAL INVESTIGATION OR CORONIAL ENQUIRY | 2. UNDERTAKE RESPONSIBILITY FOR THE PROTECTION, COLLECTION AND RECORDING OF FORENSIC EVIDENCE.

Question 27

INSURANCE COMPANIES | V.I.C.O.R

Answer 27

Contact the insurance company promptly to obtain the services of an assessor to: 1. Value the building and the damage, particulars of the insurance on the premises 2. Information on former claims 3. Contents copies of their proposals 4. Over-insurance 5. Recent increase in the cover

Question 28

EXHIBITS

Answer 28

STEP 1 – Photo and label the exhibits, and preserve them in containers. STEP 2 – Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins. STEP 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 - Soil from the surrounding area

Question 29

R v HALLAM

Answer 29

On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance

Question 30

R v WAAKA

Answer 30

A fleeting or passing thought is not sufficient.. There must be a firm intent or a firm purpose to effect an act.

Question 31

R v HARNEY

Answer 31

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 32

CLAIM OF RIGHT

Answer 32

In relation to any act means a belief at the time of the act, 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 of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 33

PROPERTY

Answer 33

Property includes any real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest.

Question 34

IDENTIFYING THE SUSPECT

Answer 34

1. Fingerprints 2. Information from informants and witnesses 3. Info from fire crews on people who regularly attend fires 4. Media response 5. Police resources i.e. Intel, Youth Aid 6. Enquiries at penal institutions, psychiatric hospitals, rehab centers and schools 7. The circumstances of the fire

Question 35

POSSIBLE SUSPECTS

Answer 35

1. The owner or occupier, for insurance fraud 2. An employee, to cover theft, forgery or false pretences 3. A criminal, to cover the traces of an offence or to intimidate other victims 4. An aggrieved person suffering from jealousy, hatred, rage etc. 5. A pyromaniac suffering from mental illness 6. A pupil or ex-pupil (schools) 7. A member of the Fire Service, for excitement or personal recognition 8. A business competitor, to disadvantage a rival.

Question 36

SUSPECT ENQUIRIES IN RESPECT OF FIRES NOT INVOLVING EXPLOSIVES

Answer 36

STEP 1 – Identifying suspects.. (refer to slide) STEP 2 – Investigate the suspects thoroughly and according to priority STEP 3 – Possible suspects include.. (refer to slide) STEP 4 – Consider surveillance STEP 5 – Complete enquiries to establish the suspect’s opportunity, motive, mens rea, connection with the scene and offence, character etc. STEP 6 – Execute a search warrant in the presence of the suspect STEP 7 – Interview the suspect and obtain a recorded statement covering the ingredients of the offence STEP 8 – Consider a photo montage or ID parade STEP 9 – Advise your supervisor STEP 10 – Consider arresting the suspect STEP 11 – Complete the correspondence and prosecution file STEP 12 – Complete enquiries to corroborate or negate the suspect’s explanation.

Question 37

QUESTIONS TO ASK THE OWNER | S.C.A.T.S

Answer 37

1. When the premises were last Secured, and by whom 2. Whether he or she knows the Cause of the fire 3. Actions leading up to the fire 4. Type of business 5. The details of any Suspects and any insurance

Question 38

INITIAL ACTION: FIRES INVOLVING EXPLOSIVES

Answer 38

STEP 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. STEP 2 – Do not use cellphones, portables or the like. STEP 3 – Evacuate the scene to a distance of at least 100 metres. STEP 4 – If the IED is located, immediately obtain the assistance of an IED operator from the Dept of Labour. STEP 5 – Inform the National Bomb Data Centre at PNHQ, using the ‘Bomb/Explosive/IED Report’ form. STEP 6 – Give the National Bomb Data Centre regular SITREPS.

Question 39

Proving Recklessness

Answer 39

1. Subjective; the defendant consciously and deliberately ran a risk. 2. Objective; The risk was unreasonable to take in the circumstances as they were known to defendant. Whether a reasonable person would have taken that risk.

Question 40

Subjective and objective test for degree of knowledge

Answer 40

Subjective Test; What was the defendant thinking at the time? Did he know human life was likely to be endangered by his actions? Objective Test; What would a reasonable person have thought in the circumstances would a reasonable person have recognised the risk?

Question 41

Four building materials and their weaknesses

Answer 41

1. Timber: Burning and charring 2. Steel: Expands and lose its strength 3 Concrete: Spalling 4. Masonry: Deterioration of mortar

Question 42

How insurance companies help?

Answer 42

1. Assist with investigation once their qualification and authority have been confirmed. 2. They have private investigators that are experienced and assist with resources.

Question 43

The point of origin is exact location

Answer 43

1. Components failed 2. Fire was maliciously lit 3. Accidental fire originated

Question 44

External Examination: the damaged structure may reveal

Answer 44

1. Jemmy marks or signs of forced entry 2. Burn patterns above doors and windows 3. Window glass broken before fire started

Question 45

List 5 steps when conducting area enquiries with fire scene

Answer 45

Step 1 – Send staff to interview people who work at other warehouses to see if any other attempted arsons Step 2 – Conduct a preliminary interview with the owner: - When the premises were last secured and by whom - Whether he or she knows the cause of fire - Details of insurance and any suspects - Type of business Step 3 – Note owners demeanour during preliminary interview Step 4 – Complete the interview and obtain formal statements from informant, witnesses and owner Step 5 – SITREP to supervisor. Be prepared to speak at scene conference