Questions Flashcards
What must the Crown prove for recklessness?
- The defendant consciously and deliberately ran a risk (subjective).
- That risk was unreasonable to take in the circumstance (objective).
What are the exceptions when you set fire or damage your own property?
Legally your allowed to set fire to your own property unless you:
- intended to cause loss to someone else as a result of the fire.
- know it 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.
The fire serve specialist fire investigator will liaise with the designated Police fire investigation officer or other member of Police in relation to four matter.
What are these?
- Handover of the fire scene.
- Access to the fire scene.
- Process for examination and investigation.
- Identification and collection of evidence at the fire scene.
Providing an explosive to commit an offence S272 CA 1961 - the prosecution must prove
- Knowledge - the defendant must know the substance is in his possession and know it to be an explosive substance.
- Dangerous engine, instrument or thing means a device intended to explode or cause fire or emission noxious things.
- The defendant must make the explosive or have it in his possession.
- Possession - the defendant must intend the explosive to be used by another person to commit and offence.
- No need for the defendant to know the ID of a person who will use it or the nature of the offence to be committed.
The fire service will notify the Police if?
A fire results in serious injury or death or a fire is considered suspicious.
What is a Fire Investigation Liason Offer (FILO)?
A member of Police.
What is a Special Fire Investigator (SFI)?
An SFI is employed by the fire service and typically possesses extensive experience in firefighting and safety. They have received specialized training and assessment in the fire investigation techniques.
What is a fire service investigation liaison officer (FSILO)?
A staff member from the fire service. They have responsibility for arranging the SFI attendance at the scene when requested by Police and establishing and maintains working relationships with the Police FILO in respective Police areas.
After the fire has been extinguished Police must:
Conduct a criminal investigation or coronial enquiry and undertake responsibility for the protection, collection and recording of forensic evidence.
What does the seat of the fire mean?
Where the fire started.
What does seat of fire mean?
The are where the main body of the fire is located.
You can set fire to your own property unless:
There is danger to life, or it is to obtain a benefit of cause loss to any person.
What is the subjective test?
- What was the defendant thinking at the time?
- Did the defendant know that human life was likely to endangered by his actions?
What is the objective test?
- What would a reasonable person have though in the same circumstances?
- Would a reasonable person have recognized that the risk existed?
What’s the difference between 267(1) and 267(2)?
The difference is the property. Subsection (2) covers property of less value.
Proving an attempt:
To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced a process intended to lead the commission of the full offence.
The 4 beliefs of claim of right:
- Belief and a possessory and proprietary right in the property.
- Belief they had a right to the property.
- Belief must be held at the time of conduct.
- Belief must actually be held by the defendant.
Difference by gas explosions and an explosion and an explosion set
- Explosions by gas covers a wider area.
- Implosions of cabinet.
- Medical evidence - suspect or victims may have inhaled gas.
Fire is an unstable environment. Injuries are caused by:
- Inhalation of toxic substance.
- Injection from sharp objects.
3 items falling from above you. - Tripping on fire debris.
Four main building material and their weaknesses:
- Timber - burning and charring.
- Steel - expand and lose its strength.
- Concrete - spalling.
- Masonry - deterioration of the mortar.
Initial action with fires not involving explosives:
- Briefly interview informants and witnesses.
- Conduct local enquiries.
- Secure, guard and control the scene.
- Initial interview of SFI and OC fire who attended.
- Interview with incident controller at the scene.
- Ensure scene is safe before with conference with SFI and Police.
- Conduct prelim.
- Regroup and hold a briefing conference.
- Confer with staff and determine plan of action.
Enquiries - area canvas of neighborhood, interview witnesses and obtain statements about:
- The fire
- Conduct of people at the fire.
- People loitering at the scene before the fire.
- Any vehicle seen in the vicinity before the fire.
Linking suspects to the scene:
- Fingerprints or handwriting.
- IED operator may identity signature of offender.
- Items from the suspects home that could be used to manufacture a device.
- Seek advice from an explosives expert before searching.
8 stages of systematic examination of scene of fire:
- Prepare and organize staff and equipment, clear areas and set clear are of responsibilities.
- Prepare examination and arrange for site to be examined systematically.
- Examine the exterior of the fire site.
- Conduct detailed internal examination.
- Identify cause of fire.
- Interview witnesses at the scene.
- Photograph, label and preserve evidence.
- Conduct area enquiries.
