Short Answer

Question 1

What is recorded at a conference?

Answer 1

• All decisions made and the reasons they were made
• All considerations and a detailed plan of action completed and agreed upon
• Timings and specific roles for all parties at the scene
• Risk assessment

Question 2

To be guilty of an attempt to commit an offence a person must…

Answer 2

Intend to commit the full offence and take real and practical step towards achieving that aim

Question 3

Is recklessness sufficient for attempted arson?

Answer 3

No. There must be an intention to commit the full offence

Question 4

Is it necessary that the property is actually set alight?

Answer 4

No. Fire damage often involves burning or charring but includes blistering of paint, melting and significant smoke damage.

Question 5

List examples of carelessness that might result in a fire.

Answer 5

• misusing electricity
• children playing with matches or cigarette lighters
• burning off paint
• vagrants lighting fires for warmth, that get out of control
• 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 6

What materials could be used to start a fire?

Answer 6

Setting fire to readily available combustible material e.g. rubbish
Candles
Chemical igniters
Electrical apparatus - Heaters, irons toaster with the lever tied down
Matches 
Cigarettes
Molotov cocktails
Timing devices
Trailers

Question 7

Circumstantial evidence from which an offenders intent may be inferred can include…

Answer 7

The defendants words or actions before during and after the incident.
The nature of the act itself
The surrounding circumstances

Question 8

What is the test for recklessness?

Answer 8

1. Did the defendant knowingly take an unjustifiable risk? (subjective test)
2. Was the risk unreasonable to take in the circumstances as they were known to the defendant?(objective test)

Both of these must be proven in order to prove recklessness.

Question 9

Explain damages by fire.

Answer 9

Damage by fire can include burning, charring, blistering of paint, melting and significant smoke damage.

Question 10

When must the Fire Service notify police about a fire?

Answer 10

When the fire results in serious injury or death

When the fire is considered suspicious

Question 11

Explain damage to tangible and intangible property by fire or explosive

Answer 11

Only tangible property can be directly damaged by fire, intangible property can be indirectly damaged by fire i.e. information stored on a hard drive that is damaged by fire

Question 12

What things are included as Explosives under section 2 of the Arms Act 1983?

Answer 12

Gun powder
Gun cotton
Blasting powder
Dynamite
Nitroglycerine
Percussion Caps
Rockets
Detonators
Fuses 
Cartridges
Coloured flares
Fog cannons
Ammunition

Question 13

Is a firearm or firework an explosive?

Answer 13

No. They are not defined as an explosive

Question 14

Cause loss to any other person

Answer 14

Criminality can only arise from direct loss. Indirect loss such as loss of a bargain or loss of anticipated future profits are not included.

Question 15

What three non-intentional causes of fire are often associated with alcohol abuse?

Answer 15

Leaving a stove or heater on
Leaving fat (cooking) unattended
Smoking

Question 16

What natural causes can start a fire?

Answer 16

Sun rays
Static electricity
Lightning
Chemical reaction
Spontaneous combustion
Rodents chewing through electrical components

Question 17

Along with an SFI, who might you have attend a fire scene?

Answer 17

• fire investigation liaison officer
• ESR scientist
• rural fire investigator
• photographer
• fingerprint technician
• explosives inspector
• electrical inspector
• building inspector
• insurance assessor
• accountant
• forensic mapper/original floor plans
• pathologist
• vehicle inspector
• civil aviation inspector
• mines inspector
• forestry expert
• agricultural expert
• marine surveyor
• heating engineer
• meteorologist

Question 18

The point of origin is the exact location at which:

Answer 18

The fire was maliciously lit
A component failed
An accidental fire originated

Question 19

What is the most common method of setting a fire?

Answer 19

The ignition of readily available combustible material e.g. rubbish

Question 20

Can a tenant be convicted of damage to tenanted property by fire under section 267?

Answer 20

Yes. If the defendant knew that danger to life was likely to ensue - 267(1)(a)
Yes. If the defendant intended to cause loss to any other person - 267(1)(c)
No. A tenant cannot be convicted of Recklessly damaging tenanted property - 267(1)(b)

Question 21

What is immovable property?

Answer 21

Property is considered immovable if it is fixed to the ground and unable to be moved, even though it may be possible to make it moveable. In general it relates to buildings and land and things growing on land such as forests.

Question 22

Explain knowing.

Answer 22

Knowing means to know or correctly believe. A defendant can believe incorrectly but cannot know something that is false.

Question 23

Explain reckless.

Answer 23

R V HARNEY
Recklessness is a conscious and deliberate taking of an unjustifiable risk. In NZ it involves proof that the consequence complained of could well happen together with an intent to continue the conduct regardless of the risk.

Question 24

Explain intentionally.

Answer 24

Intent is made up of two parts. First, the intent to commit the physical act and second, the intent to achieve a specific result.

Question 25

Explain danger to life.

Answer 25

'Life' in this context means human life. The danger must be to the life of someone other than the defendant.

Question 26

What is the golden rule when it comes to fire scene safety?

Answer 26

If it looks dangerous, it probably is, so don't go in.

Question 27

What was held in the court of appeal in R V ARCHER?

Answer 27

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value. 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 28

Do Police officers have a right to exercise powers under the Fire Service Act simply because they are at a fire?

Answer 28

No. They can only exercise these powers if called upon to do so by the member of the Fire Service in charge of the fire.

Question 29

To be guilty of an attempt to commit an offence as defined in Section 72 C.A. 1961 a person must:

Answer 29

Have an intent to commit the full offence and have taken a real and substantial step towards achieving that aim. Must be sufficiently proximate to the full offence.

Question 30

Is recklessness sufficient for attempted arson?

Answer 30

No. There must be an intent to commit the full offence.

Question 31

What are some non-intentional causes of fires caused by faults?

Answer 31

``` Chimneys fires Heating systems Appliances Televisions left on standby Dust extractors Fans and ventilation systems Gas pipes and fittings Broken power lines ```

Question 32

What to ask the owner of the damaged property.

Answer 32

When the building was last secured and by whom Whether he or she knows the cause of the fire Details of any suspects and any insurance Type of business Actions leading up to the fire

Question 33

Examining the scene of an explosive includes what three actions?

Answer 33

Once the scene has been declared safe, conduct a scene exam using photos and videos Continually reconstruct Request ESR analyst

Question 34

List some ways of identifying suspects

Answer 34

The circumstances of the fire Fingerprints Information from informants Media response Police resources, i.e. Intel, Youth section, FILO Enquiries with prisons, hospitals, rehab centres and schools Info from fire crews

Question 35

The external examination should include examination of:

Answer 35

``` Nearby alleyways, streets, driveways Adjoining premises Periphery of the structure Yards and outbuildings Distance debris was scattered Accelerant containers Forced doors Attempts at forced entry Broken windows ```

Question 36

What are some possible intentional electrical causes of fire?

Answer 36

A bar heater turned to face a wall or piece of furniture An iron left flat on a surface A toaster with the lever tied down A pan of fat left on the stove

Question 37

The submitted report must include?

Answer 37

``` Introduction Details of property the was damaged Circumstances leading up the fire Value of damage Results of the investigation Insurance information Results of general enquiries ```

Question 38

Investigation of electrical fire includes what steps?

Answer 38

``` Information gathering Scene examination Debris examination Product examination Analysis and testing Opinion formation Reporting data and opinions ```

Question 39

Excluding fire personnel, what witnesses will you interview at a scene?

Answer 39

``` Any informants Property owner/Occupier and their visitors Employees Neighbours On-lookers nearby Local Police staff ```

Question 40

List five components for a successful serious crime scene examination.

Answer 40

``` Preservation Forensic teamwork Flexibility Communication Documentation ```

Question 41

What does an SFI look for during the detailed internal examination?

Answer 41

``` Smoke deposits and burn patterns Elimination of false low burns Wall stud damage Window damage Roofing timber damaged Spalling Soot deposits Under floor inspection Removal of fire debris Floor areas burnt though Skirting board damage ```

Question 42

Conduct suspect enquiries to establish what five things?

Answer 42

``` Motive Opportunity Mens Rea Capability Character, mental background, history, movement and behaviour ```

Question 43

What powers are given under section 42 of the FENZ Act 2017?

Answer 43

a) Enter and land, building or structure b) Break into any building that may be on fire or endangered or near the emergency c) Take or send any equipment through any L,B or S d) Remove from any L,B or S any flammable or combustible material e) Cause any building or structure to be pulled down or shored up if it is on fire or endangered d) Cause any building or structure to be pulled down at the time of the emergency or within reasonable time afterwards

Question 44

Explain how to deal with fire related exhibits.

Answer 44

1. Photograph in situ, label and preserve in containers 2. Use approved arson kit if possible 3. Take control samples from these including timber, ashes, liquids/accelerants, residue and soil. Place sample in a nylon arson bag before placing in the arson tins, twist the bag at the neck, turn it over on itself and secure.

Question 45

Explain how to deal with liquid exhibits.

Answer 45

Use only the bottles that are provided in the approved arson exhibit kits. Ensure the tops are tightly fastened. Clean the outside of the container before placing back into the polystyrene box.

Question 46

In what area should the spoil from a suspicious fatal fire be stored?

Answer 46

In the warm zone. It needs to be clearly marked where it came from.

Question 47

Detail the process for body removal.

Answer 47

Consider having the pathologist attend. Consider recording the removal on video. Best practice is that bubble wrap is used to secure the body parts and then packed in a clearly marked and protected box. Look for medically inserted pins, teeth or protected skin to assist with ID.

Question 48

Items to look for at a search warrant in relation to the suspect include:

Answer 48

``` Accelerants Containers Igniters Wick fabric Traces of debris. ```