Short answer

Question 1

What two things must be proved to establish recklessness

Answer 1

the defendant consciously and deliberately ran a risk

that the risk was an unreasonable one to take in the circumstances known by the defendant

Question 2

When could a tenant be charged with burning down his flat under 267?

Answer 2

Where he has done it intentionally to cause loss to any person

when he has done it knowing or ought to know danger to life may ensue.

Cannot be convicted of recklessly damaging a tenanted property by fire

Question 3

What alternative charge could be used for a tenanted P lab which blows up recklessly?

Answer 3

Permitting a premise to be used S12(1) MODA 75

Question 4

To be guilty of an attempt a person must

Answer 4

intend to commit the offence
and take a real and substantial step to achieving that aim

Question 5

Initial action, when speaking to the Fire Incident Controller what questions do you ask him? (TASWIAWTD)

Answer 5

(T) - The time & date of the call & the manner in which it was received
(A) - What Appliances attended
(S) - The state of the fire when the fire service arrived
(W) - What action the service has taken, Particularly in entering the building and ventilating it after the fire
(I) - What information the fire service has about the building’s security
(A) - What alteration they have made to the scene, ie they may have forced a door or window
(W) - Whether they think the fire is suspicious, and why
(T) - Their opinion of the informant, ie a person who regularly attends or reports fire may have lit them
(D) - Details of people or vehicles acting suspiciously in the vicinity

Question 6

List 10 things that would suggest a fire has been started wilfully. (RAWFISHICU)

Answer 6

(R) - Evidence of intentional Removal of valuable property, or substitution of property
(A) - Evidence of accelerates such as;
- containers
- traces in debris
- smell
- unusually rapid spread or intensity of fire
- uneven burning
- burning under or behind boards where the liquid has run through the cracks
- multiple seat of fire
(W) - Signs that window and sky lights were opened to create a draft
(F) - Foreign material and objects, such as screws/batteries, that might be part of a device.
(I) - evidence of intentional interference,
- tampering with the alarm or sprinkler system
- hendering access
- misdirecting fire fighters
(S) - Signs that furniture was rearranged to create a fire base
(H) - Signs that a heater, soldering iron or other electrical appliance has been left on.
(I) - inconsistency (ie, that the fire is rapid burning but there is no obvious cause)
(C) - Sign a crime had been committed. the property may have been burned to destroy the evidence. even when a building has been burnt to the ground, the state of the recovered locks and fasteners may show whether it was secure at the time of the fire.
(U) - unusual burn patterns or unusual time factors (ie, that the fire started after the building was secured)
Note: a good investigator will continually reconstruct throughout their examination.

Question 7

What is Section 28, Fire Service Act? (RECRD)

Answer 7

(R) - Remove vehicle impending the fire service. If necessary they can break into the vehicle for that purpose.
(E) - Enter private property when it is on fire or endangered, or when entry is essential to preforming a necessary duty.
(C) - Close roads
(R) - Remove people who are endanger or interfering with operations, using reasonable force if necessary.
(D) - Do anything else that is reasonably necessary for the protection of life and property.

Question 8

The surrounding areas of the External Examination may also reveal what? (BCAP)

Answer 8

(B) - Business appears to be struggling
(C) - Contents of outbuildings missing
(A) - Accelerant containers
(P) - Property run-down

Question 9

Things to look for in Preliminary Internal Examination when assessing if a fire is suspicious?
(BOMBSCOLASCURF)

Answer 9

(B) - Building areas in need of repair
(O) - Open filing cabinets or missing files
(M) - Missing family photographs, furniture and personal items
(B) - Burn patterns
(S) - Sign of hardship (empty flats, shops to let, etc)
(C) - Lack of clothing in wardrobes and draws
(O) - Owner/Occupier attitude during walk through (if access is permitted)
(L) - Low stock levels, in commercial premises
(A) - Presence of accelerants containers or trails
(S) - Separate unrelated seats of fire
(C) - Position of clothes if not in wardrobe or draws
(U) - Unusual odours
(R) - Rifled premises
(F) - Forced entry into an empty till

Question 10

At the conclusion of the examination, the fire service will be able to determine? (PAT)

Answer 10

(P) - Point of Origin
(A) - Area of origin
(T) - The Seat of the fire

Question 11

Guarding & controlling scene (PEEP VIRB)

Answer 11

to ensure origin and cause of the fire are established, the scene must be controlled and protected from the time fire/police arrive until the scene examination is completed.

the fire service will ensure the scene secured while the fire extinguished.

(P) - Preserving evidence
(E) - Ensuring the scene is not interfered with.
(E) - Exclusion and control of on-lookers, property owners and other interested parties
(P) - Preventing looting
(V) - Be vigilant and watch for possible suspects
(I) - Identify any witnesses amoung on-lookers and passes-by
(R) - Report all matters of significants to the O/C investigation and/or scene coordinator.
(B) - Be aware of re ignition from hot spots after the fire is out.

Question 12

Conferences must be held during the scene examination to assist you with? (PAIRE)

Answer 12

(P) - Planning further Enquiries
(A) - Assessing information obtained
(I) - Identifying suspects
(R) - Reconstructing
(E) - Establishing possible motives

Question 13

The O/C investigation should what on the beginning of a fire investigation (AAAA)

Answer 13

(A) - Appoint an Exhibits officer
(A) - Appoint a crime scene coordinator
(A) - Advise the fire investigation liaison officer
(A) - Appoint a scene examiner

Question 14

Initial Action involving explosives (SCEIS)

Answer 14

S) - Remember there could be a secondary device anywhere at the scene, including nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
(C) - Do not use cellphones, portable radios or other transmitting devices.
(E) - Evacuate the scene to a distance of at least 100m. Ensure people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using explosives detector dog to locate the device.
(I) - If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour. If no DOL operators are available, consider utilizing a defence force expert. Bear in mind that the expertise of Armed Services operators relates primarily to military ordnance.
(S) - Give the SITREPS to Police COMMS.

Question 15

Initial Action arson, three people to interview (ISO)

Answer 15

(I) - Informant
(S) - Specialist fire investigator
(O) - O/C of the first fire appliance to attend the scene.

Question 16

Explosive, Scene Guard (SCE)

Answer 16

(S) - Remember there could be a secondary device anywhere at the scene, including nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
(C) - Do not use cellphones, portable radios or other transmitting devices.
(E) - Evacuate the scene to a distance of at least 100m. Ensure people leaving the scene bring their personal possessions with them. This will limit the number of items to be cleared. Consider using explosives detector dog to locate the device.

Question 17

Examining the scene of a fire involving explosives. What to look for at the scene? (ORR)

Answer 17

(O) - Once the scene has been declared safe, conduct a scene examination. Use video and photographs, as these are useful as a briefing tool and court record.
(R) - Remember to continually reconstruct.
(R) - Request the attendance of a suitably experienced ESR analyst. Ask them to bring suitable material for swabbing the scene and for swabbing hands, and examining the clothes, of any suspects.

Question 18

Conference involving police and non-police. List these persons? (FOSSI POOF)

Answer 18

(F) - Fire investigation liaison officer
(O) - O/C CIB
(S) - Scene coordinator
(S) - Specialist fire investigating officer
(I) - Investigating officers
(P) - Photographer
(O) - O/C investigation
(O) - Other specialist as required
(F) - Fingerprints/SOCO

Question 19

Following the preliminary examinations, you will accompany the Fire Safety Officer while they complete a detailed examination of the scene (SEW WRS SURFS) What will the safety officer review in the structure?

Answer 19

In this examination they will observe, note and take into account a number of observations including:
(S) - Smoke deposits and burn patterns
(E) - Elimination of false low burns
(W) - Damage to wall studs
(W) - Damage to windows sills & door edges
(R) - Damage to roofing timbers
(S) - Spalling (the cracking or chipping of concrete as a result of being heated & cooled)
(S) - Soot deposits on window glass and craze patterns
(U) - Under floor inspection
(R) - Removal of fire debris, and
(F) - Floor areas burned through
(S) - Skirting board damage

Question 20

What are examples of no and high social utility?

Answer 20

No social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.
High social utility: surgeon undertaking a risky but potentially lifesaving surgery.

Question 21

What are some examples of damaging by fire?

Answer 21

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 22

What is the difference between property under 267(1)(a), and property under paragraphs (b) and (c)?

Answer 22

Under 267(1)(a), the damage may be to ANY property. Matters such as the nature, value and ownership of the property are not relevant; it is the risk to another person’s life that raises the offending to the highest category of arson.
Paragraphs (b) and (c), deal only with property that is, in general, higher in value. It is the value of these items that raises the offending to the higher category.
Lower level property is dealt with in subsections (2) and (3) depending on the offender’s intent and the risk to other property.

Question 23

What questions are asked regarding the subjective test within recklessness in 267(1)(a)?

Answer 23

What was the defendant thinking at the time?
Did the defendant know that human life was likely to be endangered?

Question 24

What questions are asked regarding the objective test within recklessness?

Answer 24

What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?

Question 25

What is the nature of belief required regarding claim of right?

Answer 25

The belief in a proprietary or possessory right in property The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’ Belief must be held at the time of the conduct The belief must actually be held by the defendant

Question 26

What is outlined in Section 72(1) CA61?

Answer 26

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 27

What is outlined in Section 72(2) CA61?

Answer 27

The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

Question 28

What is outlined is Section 72(3) CA61?

Answer 28

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 29

What does ‘sufficiently proximate’ mean in relation to attempts?

Answer 29

He must have taken a ‘real and practical step’ towards committing it, although he does not need to have taken all the necessary steps to do so.

Question 30

What does the Court analyse when assessing proximity?

Answer 30

The defendant’s conduct at the relevant time, in conjunction with evidence of his or her intent based on the circumstances and any steps taken leading up to that point.

Question 31

To be guilty of an attempt, what must the defendant have done?

Answer 31

Progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Question 32

What examples were outlined in the American Model Penal Code that may constitute an attempt to commit an offence?

Answer 32

Lying in wait, searching for or following the contemplated victim Enticing the victim to go to the scene of the contemplated crime Reconnoitring the scene of the contemplated crime Unlawfulling enterring a structure, vehicle or enclosure in which it is contemplated that the crime will be committed Possessing, collecting or fabricating materials to be employed in the commission of the crime Soliciting an innocent agent to engage in conduct constituting an element of the crime

Question 33

Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are these exceptions?

Answer 33

Intend to cause loss to someone else as a result of the fire Know or 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

Question 34

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. What are these matters?

Answer 34

- Handover of the fire scene - Access to the fire scene - Process for examination and investigation - Identification and collection of evidence at the fire scene

Question 35

In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.

Answer 35

Witnesses’ reports When they first noticed the fire and where they were at the time The state of the fire at that time Wind direction and speed, weather The direction of spread The colour of the flames and smoke Severity of the damage Depth of charring The presence of starting devices Reports and opinions from other specialists

Question 36

List five examples where carelessness may cause a fire.

Answer 36

Misusing electricity Children playing with matches, cigarette lighters and so on Burning off paint Vagrants lighting fires Welding and other industrial processes Leaving clothes near heating Wrapping up live ashes in paper Ironing Setting off fireworks Using or storing flammable materials Burning rubbish Using domestic or camp fires Leaving a stove or heater on Leaving fat unattended while cooking Smoking

Question 37

List five examples of material used to start a fire.

Answer 37

Readily available combustible material – rubbish Molotov cocktails Candles Chemical igniters Timing devices Electric matches Electrical apparatus Matches and cigarettes Trailers

Question 38

List five examples of where faults can occur.

Answer 38

Chimneys and flutes Heating systems Appliances Televisions left on standby mode Dust extractors Fans and ventilation systems Electrical wiring – shorting and arcing Machinery Gas pipes and fittings Broken power lines

Question 39

List five examples of where fires can be caused naturally.

Answer 39

Chemical reactions The sun’s rays Lightning Static electricity Rodents eating through wiring, or building nests out of flammable material Spontaneous combustion

Question 40

Detail the Police responsibilities at a fire scene examination and investigation.

Answer 40

Conduct the criminal investigation or coronial enquiry Undertake responsibility for the protection, collection and recording of forensic evidence The collection and removal of material from a fire crime scene The preservation, analysis and subsequent disposition of any such material

Question 41

Describe the powers conferred by Section 42 of the Fire and Emergency New Zealand Act 2017 on the person in charge of the Fire Service at the fire site.

Answer 41

(a) Enter any land, building, or structure (b) Break into any building or structure that may be on fire or otherwise endangered or that is near the emergency (c) Take or send any equipment or machine required to be used into, through, or upon any land, building, or structure (d) Remove from any land, building, or structure that is on fire or otherwise endangered, or that is near the emergency, any flammable, combustible, explosive, or dangerous material found in the building or structure (e) Cause any building or structure that is on fire or otherwise endangered, or that is adjacent to or in the vicintiy of any building or structure that is on fire or otherwise endangered, to be pulled down or shored up (either in whole or in part) (f) Cause any building or structure to be pulled down or shored up (either in whole or in part) at the time of the emergency or within a reasonable time afterwards

Question 42

What is the penalty for s267 offences?

Answer 42

267(1) – 14 years 267(2) – 7 years 267(3) – 5 years

Question 43

What is the difference between s267 and s268 with regard to intent?

Answer 43

Whereas arson may be committed by a reckless act done without intent to burn or damage, an attempt to commit arson necessarily requires intent – mere recklessness cannot suffice.

Question 44

Describe the powers conferred by Section 28(4) of the Fire Service Act 1975?

Answer 44

Enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty Close roads Remove vehicles impeding the Fire Service. If necessary, they can break into the vehicles for that purpose Remove people who are in danger or interfering with operations, using reasonable force if necessary Do anything else that is reasonably necessary for the protection of life and property

Question 45

When will the Fire Service notify Police?

Answer 45

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

Question 46

What does FSILO stand for?

Answer 46

Fire Service Investigation Liaison Officer

Question 47

Who is a FSILO?

Answer 47

A staff member from the fire service. They have responsibility for arranging SFI attendance at the scene where requested by Police and establish and maintain working relationships with Police FILO in respective areas.

Question 48

What does FSSFI stand for?

Answer 48

Fire Service Specialist Fire Investigators

Question 49

What do FILOs have responsibility for?

Answer 49

Attending every fire that results in serious injury or death Co-ordinating fire investigations in their designated area or district Arranging Police attendance at fire scenes where required Maintaining effective working relationships with the relevant FSILO and FSSFI Assisting areas or districts with fire investigation-related queries Ensure communication is maintained with Police Co-ordinating fire investigation training for Police employees within the area or district, where needed Providing other advice and expertise as required

Question 50

Who is a Specialist Fire Investigator?

Answer 50

An SFI is employed by the fire service and typically possesses extensive experience in firefighting and safety. They have received specialised training and assessment in fire investigation techniques.

Question 51

What is the role of a Specialist Fire Investigator in terms of fires they attend?

Answer 51

To attend and investigate: - Fires where fatalities occur - Fires where serious (life threatening) fire-related injury has occurred - Structure fires where the cause is suspicious or cannot be determined - Significant fire spread across a property boundary - Fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards

Question 52

What do FSILOs have responsibility for?

Answer 52

Arranging Fire Service Specialist Fire Investigator attendance at fire scenes where requested by Police Establishing and maintaining effective working relationships with relevant Police FILOs in the respective Police districts

Question 53

What are the 6 stages of fire scene control, notification and handover?

Answer 53

1. Fire Service has authority over a fire scene while a fire is in progress. Once the threat to life or property is extinguished, they will hand over the scene to the appropriate agency 2. Fire Service will notify Police if the fire was deliberate, suspicious, or fatal/serious injuries 3. Police Investigating Officer will confer with the Incident Controller to confirm handover 4. No handover will occur until the Fire Service has eliminated the danger of the scene 5. All agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan 6. Create an investigation plan

Question 54

At a fire scene, how are most injuries received?

Answer 54

Inhalation of toxic substances Ingestion of particles Cuts/wounds from sharp objects Air borne dusts, particles etc. Falling down, over, onto or into any obstructions or cavities Items from above falling into you or hitting objects and causing a chain reaction

Question 55

What clothing protection is required in a scene?

Answer 55

Helmet Overalls Nose and mouth filter, a full face respirator or full BA Gloves Safety glasses Heavy duty footwear

Question 56

What are the four main building materials?

Answer 56

Timber Steel Concrete Masonry

Question 57

What are the 8 steps for initial action to a deliberate or suspicious fire scene?

Answer 57

Interview the informant Secure and control the scene Interview the SFI and O/C of the first fire appliance to attend the scene Interview the IC Ensure safety of the scene, hold an initial conference with the SFI and conduct a prelim exam of the scene If deemed suspicious hold a briefing conference Determine a plan of action Provide a SITREP to comms. Obtain the services of specialist groups e.g. photography

Question 58

What information should you obtain from the IC? (incident controller)

Answer 58

Time and date of the call What appliances attended State of the fire What action Fire took What information the Fire Service has about the building’s security What alterations have been made to the scene Whether they think the fire is suspicious and why Opinion on the informant Details of people or vehicles acting suspiciously in the area

Question 59

What are the scene security considerations for Police?

Answer 59

Ensuring the scene is not interfered with Exclusion and control of on-lookers, property owners and other interested parties Preserving evidence Preventing looting

Question 60

When preserving a fire scene, what should you consider?

Answer 60

Scope (how much of the area needs to be preserved) Cordon Common approach path Record the scene prior to alterations

Question 61

What appointments should an O/C Investigation do?

Answer 61

Appoint an exhibits officer Appoint a crime scene co-ordinator Advise the FILO Appoint a scene examiner

Question 62

What does the SFI determine at the conclusion of the detailed examination?

Answer 62

Area of origin Point of origin The seat of the fire

Question 63

What is the area of origin?

Answer 63

The general area of where the fire started.

Question 64

What is the point of origin?

Answer 64

The exact location at which: - A component failed - A fire was maliciously lit - An accidental fire originated I.e. where the fire started.

Question 65

What is the seat of fire?

Answer 65

The area where the main body of the fire is located.

Question 66

What is the preliminary internal examination?

Answer 66

Involves a slow walk through of the premises, from the area of least damage to that of most damage, taking note of indicators of anything unsusual about the behaviour of people and/or the house.

Question 67

What is the detailed internal examination?

Answer 67

Follwing the preliminary examinations (internal and external), you will accompany the SFI while they complete a detailed examination of the scene including damage, burn patterns and spalling.

Question 68

What is ‘crazing’?

Answer 68

Crazing of glass can be created by the rapid heating of glass and also the rapid cooling of it by the application of water spray in a hot environment.

Question 69

What are examples of control samples you could exhibit?

Answer 69

Charred timber and ashes or debris from the seat of the fire Any accelerants found near the scene Soil from the surrounding area

Question 70

What is the purpose of conferencing?

Answer 70

Assessing information obtained Reconstructing Establishing possible motives Identifying suspects Planning further enquiries

Question 71

Who might be present at a conference?

Answer 71

O/C CIB Crime scene co-ordinator FILO O/C Investigation SFI Investigating officers Photography Fingerprint section / SOCO

Question 72

Q What 12 steps should you take when making general enquiries in respect of the investigation phase of fires not involving explosions?

Answer 72

1. Submit articles for ESR analysis 2. Complete an Offence Report 3. Obtain written reports, photographs and plans from the SFI, CAD report and a fire investigation report 4.Distrubute information for ID of suspects e.g. media 5. Plan enquiries and interview people 6.Area canvass 7.Consider possible motives and also the victim’s reputation and financial position 8.Contact the insurance company (may assist with motive) 9. Treat fires in the area with urgency and conduct prevention patrols 10. Contact Intel and FILO about the history of persons or location 11. Contact Meteorological Service to obtain weather report at the time of the fire 12. Maintain contact with the owner

Question 73

What 12 steps should you take when making suspect enquiries in respect of fires not involving explosions?

Answer 73

1.Conduct enquiries to identify the suspect 2.Consider WHO might be a suspect 3.Investigate suspects thoroughly and according to priority 4.Consider surveillance 5.Consider the suspect’s opportunity, motive, mens rea, connection with the scene and crime, character and history 6.Consider a search warrant 7.nterview the suspect 8.Consider a photoboard 9.Complete enquiries to corroborate or negate the suspect’s explanation 10.Advise your supervisor 11.Arrest the suspect 12.Complete 4C in relation to the file

Question 74

What must you include in the report in respect of fires not involving explosives?

Answer 74

Introduction Information about the property Details of the fire and events leading up to it The value of the damage The results of the investigation Information on the insurance The results of general enquiries

Question 75

What 5 steps should you do as part of your initial action for fires involving explosives?

Answer 75

Consider a secondary device Do not use cell phones, portable radios or other transmitting devices Evacuate the scene to a distance of at least 100m and consider an explosives detector dog Obtain the assistance of an IED operator Regular SITREPs to Comms

Question 76

What are the characteristics of explosives damage?

Answer 76

Cratering Spread of debris Shredding of materials A smell peculiar to the exploded material An overlay of dust Shrapnel marks

Question 77

What might you search for at a suspect’s address?

Answer 77

Suspect’s clothing Accelerants Containers Igniters Wick fabric Traces of debris from the scene

Question 78

Which people should be interviewed?

Answer 78

Owner/occupier of the house Person who last secured the house Person who found the fire Person who gave the alarm Bystanders Media Local Police

Question 79

What is the difference between a gas explosion and someone setting explosives?

Answer 79

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