Cameron v R
Recklessness is established if the defendnat recognied that there was a real posibility that his actions would bring about the proscribed result and/or that hte proscribed circumstances existd and having regards to that risk those actions were unreasonable
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value.
R v Harpur
The court may have regard to the conduct viewed culmatively until it stops. What remains to be done is always relevant.
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
Elements of Arson - Danger to Life
267(1)(a) Crimes Act 1961
*Intentionally or recklessly
* Damages by fire or damages by means of any explosive
* Any property
* If he or she knows or ought to know that danger to life is likely to ensue
Elements of Arson - No Interest
267(1)(b) Crimes Act 1961
- Intentionally or recklessly
- Damages by fire or damages by means of any explosive
- Without claim of right
- Any immovable property OR Vehicle OR Ship Or Aircraft
- In which that person has no interest
Elements of Arson - Causing Loss/Benefit
S267(1)(c) Crimes Act 1961
* Intentionally
* Damages by fire
* Any immovable property OR Vehicle OR Ship Or Aircraft
* With intent
* To obtain any benefit or cause loss to any other person.
Elements of Arson - Other Property (no interest)
S267(2)(a) Crimes Act 1961
* Intentionally or recklessly
* Damages by fire or by means of any explosive
* Without Claim of Right
* Any property
* In which that person has no interest
Elements of Arson - Other Property to Cause Loss/Benefit
S267(2)(b) Crimes Act 1961
* Intentionally or recklessly
* Damage by fire or by means of any explosive
* Any property
* With intent to obtain any benefit or with intent to cause loss to any person
Elements of Intentional Damage - Danger to Life
S269(1) Crimes Act 1961
* Intentionally or Recklessly
* Destroys or damages property
* If he or she knows or ought to know that danger to life is likely to result
Elements of Intentional Damage - No interest
S269(2)(a) Crimes Act 1961
* Intentionally or recklessly
* Without claim of right
* Destroys or damages any property
* In which that person has no interest.
Elements of of Intentional Damage - Benefit
S269(2)(b) Crimes Act 1961
* Intentionally or Recklessly
* Without Claim of Right
* Destroys or damages any property
* With intent to obtain any benefit or with intent to cause loss to any person
List common hazards
- Ingestion of particles
- Cuts
- Airborne dusts
- Tripping
- Falling into cavaties
- Items falling
*Toxic fumes
I CAT FIT
What protective clothing is required during a scene exam?
- Helmet
- Glasses
- Mask
- Overalls
- Gloves
- Steel caps
How can timber risks be mitigated?
Take note of thickness of structural members, the load, and any sounds.
T L S
How can concrete risks be mitigated?
Look for spalling, discolouration and cracking.
SDC
How can masonry risks be mitigated?
Look for cracking, leaning and bowing.
CLB
What is the initial action procedure to investigate a suspicious fire?
Informants security if safe becomes constantly critical
- Interview informant
- Secure scene
- Initial interview of fire investigator and O/C of first appliance.
- Interview the incident controller
- Ensure safety at the scene if fire is extinguished.
- Briefing Conference
- Confer with other police to control scene and conduct enquiries.
- Contact Comms and give Sit Rep
ISIS BCC
What are the natural causes of fire?
Chemical reactions
Sunlight
Lighting
Static electricity
Rodents
Spontaneous combustions
“Cats Sing Really Loud Songs Sweetly”
What is Police responsibility at a fire scene?
Criminal or coronial enquiry
Protect, collect and record forensic evidence
Outline how a fire scene is handed over
- FENZ has authority of the scene while the fire is in progress.
- FENZ will advise police if the fire is suspicious
- Police wanting to take a scene will confer with the incident controller to confirm the handover process.
- They will not hand over the scene until it is safe.
- If the scene requires multiple agencies, they will consult with one another and make an investigation plan.
- The plan will outline the role of each agency.
FACSAP
What are the general enquiries for fires not involving explosives?
I AM SPICE ROMP
- Interview x 4
- Area canvas
- Motive enquiries
- Search for similar fires
- Promulgate info to police
- Insurance enquiries
- Contact continued
- ESR
- Reports from other agencies obtained
- Offence Report complete
- Met service enquiries
- Prevention activities
Define property
Real and personal property
S2 Crimes Act
What is fire?
A chemical reaction between fuel and oxygen caused by heat
