Arson bully 2021 Flashcards
How do you guard and control the scene of a suspected Arson?
WOOD PILE:
- WATCH - be vigilant and watch for suspects
- ONLOOKERS - locate witnesses among onlookers and passersby
- O/C INVESTIGATION - report all matters of significance to the OC investigations and/or scene coordinator
- DAMAGE - prevent further fire or damage
. - PROPERTY OWNERS - exclude and control onlookers, property owners and interested parties
- INTERFERING - avoid interfering with the scene
- LOOTING - prevent looting
- EVIDENCE - preserve evidence
What is S267(1) CA1961?
(1) 14 years who—
(a) intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue; or
(b) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest; or
(c) intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person.
What is S267(2) CA1961?
(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—
(a) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)); or
(b) intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.
What is S269 CA1961?
Intentional Damage (1) 10 years = intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result.
(2) 7 years who—
(a) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest; or
(b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.
(3) 7 years = intentionally destroys or damages any property with reckless disregard for the safety of any other property.
What is claim of right?
Claim of right 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.
Define property
Property includes real and personal property. Any estate or interest in any real or personal property. Money, electricity, and any debt and any other right or interest.
What are some common electrical sources of a fire?
- A bar heater turned on to face a wall or item of furniture
- An iron left flat on a surface
- A pop-up toaster with the lever tied down, so that material left inside will ignite
- A pan of fat or flammable liquid left on the stove; or a vat of fat in a fish and chip shop
Explain how you can determine the seat of the fire?
- witness 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, and the weather
- the direction of spread
- the colours of the flames and smoke
- the severity of the damage
- the depth of charring
- the presence of ‘starting devices’
- the reports and opinions of other specialists
What are some characteristics of where explosives are used?
The nature of the damage can identify that an explosive was used:
- a low powered explosive will explode in a general manner causing damage and spreading roughly the same distance in all directions
What evidence should you be looking for when you apply for a Search Warrant?
Search the suspects clothing, residence, vehicle and work-place. Evidence should include:
- accelerants
- containers
- igniters
- wick fabric
- traces of debris from the scene
(photograph evidence in situ before seizing)
What do you do in an external scene exam?
An external examination takes into account:
- adjoining premises which often reveals
- accelerant containers
- attempts of forced entry
- broken windows
- forced doors
- nearby alleyways/streets/driveways
- the yards and outbuildings of the fire effected property
- what distance debris was scattered, particularly if drums or cylinders have exploded
The surrounding area of the involved premises may also reveal:
- B CAP
The damaged structure itself may reveal:
- jemmy marks or signs of forced entry
- window glad broken before the fire was ignited
- burn patterns above doors and windows and V shaped burn patterns on external cladding
When will a specialist fire investigator be called?
Specialist fire investigators will be called 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
What are some non-intentional causes of a fire?
Carelessness:
- kids playing with matches
- leaving clothes near a heater
- burning rubbish
- smoking
- ironing
- leaving a stove or oven on
Faults:
- heating systems
- appliances
- electricity wiring (shorting)
- broken powerlines
Nature:
- the suns rays
- lightening
- rodents eating through wiring
- chemical reactions
Outline if you have to demolish areas of a scene (safety)?
x
What re some indicators that a fire has been lit intentionally/wilfully?
MOVIE MASTER
- MULTIPLE seats of fire
- OPEN windows or skylights to create a draught
- VALUABLE property has been intentionally removed
- INTENTIONAL INTERFERENCE (evidence of) ie. tampering with alarm/sprinkler
- Evidence of EXPLOSIVES
- MISDIRECTING firefighters
- Evidence of ACCELERANTS i.e. containers
- SMELL
- TRACES in debris
- Signs that a heater, soldering iron or other ELECTRICAL APPLIANCE has been left on
- Unusual RAPID SPREAD or intensity of fire
Outline considerations the fire safety officer might have?
x
When making enquiries into a suspect (not involving explosives) what are the 12 steps?
- ID the suspect (circumstances, FP, info from informants/witnesses)
- Possible suspects may include (owner/occupier, employee, criminal, aggrieved person, pyromaniac, pupil/ex-pupil, member of the fire service, business competitor)
- Investigate the suspects thoroughly and according to priority. Obtain their:
- full particulars
- criminal histories
- details of any motor-vehicles to which they have access to
- details of any associates
- photographed - Consider surveillance
- Complete enquiries to establish the suspects: opportunity, motive, mens rea, connection with the scene and offence, character etc.
- Consider a SW (search the suspects clothing, home, motor vehicle, workplace - evidence includes accelerants, containers, lighters etc.)
- Interview the suspect and obtain a recorded statement covering the ingredients of the offence
- Consider a photo montage
- Complete enquiries to corroborate or negate the suspects explanation
- Advise your supervisor - consider whether the ingredients of the offence are met - obtain authority to prosecute
- Arrest the suspect and obtain:
- FP, Photograph, consider medical exam for injuries, offender report details, consider getting the suspect to do a reconstruction if cooperative - Complete correspondence and prosecution file
What is the process for arson exhibits?
PUT
- Photo and label the exhibits, and preserve them in containers
- Use approved arson kits if these are available; if not, use any suitable containers such as unused four litre paint tins
- 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
When identifying the suspect, what are some points to consider?
- The circumstances of the fire
- DNA/FP
- Information from informants and witnesses
- Info from fire crews on people who regularly attend fires
- Media response
- Police resources eg. Intel, YAS, Fire investigation liaison officer
- Enquires at the prison, psychiatric hospitals, rehab centres, and schools
Initial action - when you speak to the fire incident controller, what questions do you ask him?
FA MASSIVE
- The state of the FIRE when the FIRE service arrived
- What APPLIANCES attended’
- Time and date of the call and the MANNER it was received
- ALTERATIONS they have made to the scene i.e forced open doors/windows
- What information they have about the buildings SECURITY
- Whether they think the fire is SUSPICIOUS, and why
- Their opinion on the INFORMANT
- Details of people or VEHICLES acting suspiciously in the vicinity
- What action they have taken, particularly in ENTERING the building and ventilating it after the fire
A guy steals a car and burns it, what is he liable for?
S267(1)(b)
- Intentionally and W/O claim of right
- Damages by fire
- Any vehicle
- In which that person has no interest
S267(1)(c)
- Intentionally
- Damages by fire
- Any vehicle
- With intent to cause loss to any other person
What is the definition of an explosive?
Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect; and includes:
- gunpowder
- gun-cotton
- dynamite
- blasting powder
- coloured flares
- fog signals
- fuses
- rockers
- ammunition of all descriptions
Does not include any firework.
What constitutes as damage by fire?
- Fire damage will often involve burning or charring,
- it is not necessary for the property to actually set alight;
- melting, blistering of paint, or significant smoke damage may be sufficient.
When must the fire service report a fire to Police?
Serious injury, fatality, or suspicious
When conducting a prelim internal examination, where should you start?
From the least damage area to the most/seat of the fire. Usually this is the outside to inside.
What must you do when a fire has been started by an explosive?
Clear the scene incase of a second device being present…
Who must you liaise with at the fire scene?
Fire service incident controller
A person can be held criminally liable for recklessness if?
They know or ought to know life or property is in danger or could be damaged.
R v Archer
Property may be damaged if it suffers / permanent or temporary physical harm or / permanent or temporary impairment to its use or value.
What is the difference between a gas explosion and someone setting off an explosive?
- Explosions caused by gas generally cover a wider area than those cause by explosives
- Explosives cause catering
- Medical evidence - one or more of the suspects or victims may have inhaled gas prior to the explosion
A person who is renting a house burns it down accidentally when they leave their food on the stovetop. Are they criminally liable?
No
What is S28 of the Fire Service Act? (list 4 points)
- 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 a danger or interfering with operations, using reasonable force if necessary
- Do anything else that is necessary for the protection of life and property
