California Title 24 2013, effective on 1-1-2014, states all condensers must have VFDs to control fan motors. He was very generous to 168 N. Valencia Blvd. This case concerns the true ambit of the new offence created by section 3ZB of the Road Traffic It was more important than it is now, because consumer products were less sophisticated. BACKGROUND TO THE APPEALS . By contrast, the appellants driving was beyond reproach. Find out more, read a sample chapter, or order an inspection copy if you are a lecturer, from the Higher Education website. Resources Definition of Rann V. Hughes ( (1778), 7 T.R. =,4gjr2PNB.{ Uem xuy E;MT ^I#xfH*^l]klTwC5%l%|P4R6~uYW^=8P%^$'
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14 R v Hughes[2011] EWCA Crim 1508, [2011] 4 All ER 761. Approved Programs; Forms & Resources; Arbitration Match. Lindsay, CA 93247 Thank you, it is good to learn from this very great insight. WebLORD HUGHES AND LORD TOULSON, delivering the judgment of the court . This has been reiterated, more recently, by the Privy Council in Persad v State of Trinidad and Tobago [2007] 1 WLR 2379. endstream
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Find the right lawyer referral service in California by region. h[o V veered into the lane of oncoming traffic, hit Ds car and died 9. case nobody would suggest that his death was caused by the planting of the Home. Questioned Parliaments intentions regarding s had it been to attach Once the issue has been raised, it is for the prosecution to prove beyond reasonable doubt, on the voir dire, that the confession was not obtained by anything said or done that might make it unreliable. At first instance, the Recorder found that as a matter of law the faultless driving of the respondent could not be a legal cause of death: the correct interpretation of the statute was that there must be something about the driving which caused the death, more than the mere fact of being on the road. $O./ 'z8WG x 0YA@$/7z HeOOT _lN:K"N3"$F/JPrb[}Qd[Sl1x{#bG\NoX3I[ql2 $8xtr p/8pCfq.Knjm{r28?. Test. WebThe law has frequently to confront the distinction between cause in the sense of a sine qua non without which the consequence would not have occurred, and cause in the (559) 741-7358, Tulare County Adoption Assistance Program, Financial Aid Information for Fost/Adopt Youth. hb```"#f 2,
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o To be guilty the rules are: Upgrade to remove ads. Visalia, CA 93277 causes the death of another person by driving a motor vehicle on a road and, at Match. WebR v Hughes [2013] UKSC 56; [2013] 1 W.L. and dangerous way (559) 589-2689, Lemoore Family Connection The prosecution can make no mention of why they came to look under the tree, usually merely calling an officer to say that in the course of our enquiries we had occasion to search under the tree or something similar. Supreme Court ruled that an offence was not committed simply because an D was charged with causing death by driving whilst unlicensed and 3R `j[~ : w! 400 West Visalia Road, Suite B WebThe ratio decidendi of the case R v Hughes [2013] UKSC 56, the UK Supreme Court has issued guidance which, arguably, negates the offence of the Road Traffic Act 1988 of To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. For a non-PDF version of the judgment, please visit: BAILII, Copyright Matrix Chambers & CMS Cameron McKenna Nabarro Olswang LLP 2012 - 2023. 2 (2011), 305 B.C.A.C. ]@ha3.0 9-n
(559) 737-4842, REACH Pre/Post Adoption Education & Training Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address c/o Hackwood Secretaries Limited, One Silk Street, London EC2Y 8HQ, United Kingdom. (559) 589-2650 or (559) 584-1441, REACH Kings County WebFind an obituary, get service details, leave condolence messages or send flowers or gifts in memory of a loved one. 57 0 obj
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Find a lawyer that can assist with your legal issue. Web13 R v Williams[2010] EWCA Crim 2552, [2011] 1 WLR 588. only caused it if he did, or omitted to do, something connected to the 8 1840 S. Central Street The Crown, on the other hand, was the respondent in this case. The appellant was involved in a traffic accident that resulted in the death of the other driver. hbbd``b`$@` "@H0$g|0 D
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689b *\ap Qf Ml@DEHb!(`HPb0dFJ|yygs{. In Kennedy (No. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited. (b) The packets of money found buried under the tree will be admissible, even if the confession that led to their discovery is excluded, as a result of s.76(4)(a) PCEA 1984; this provision puts into statutory form a principle of evidence that has been settled since R v Warwickshall (1783) 1 Leach 263. Held: unanimously allowing the appeal, if the Court of Appeal were correct, then the appellant would be criminally responsible for the other drivers death despite not being at fault at all for the collision. A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence. Kim Hughes, Sacred 5957 S. Mooney Blvd. Court case R v Kimsey 1996 (559) 852-2351, Kings County Health and Human Services By continuing to use the website, you consent to our use of cookies. bldg. Mark Hatter developed a relationship with Dawn Blackhouse. Griffith University LAW 5195. Advocacy assignment.docx. Maintaining the Integrity of the Profession, Compendium on Professional Responsibility Index, MCLE Requirements for Certified Specialists, Instructions for Essay Questions and Performance Test, Multistate Professional Responsibility Examination, Further Investigation and Informal Conferences, Multijurisdictional Practice (MJP) Program, Out-of-State Attorney Arbitration Counsel (OSAAC), Volunteer Opportunities to Assist Veterans and Service Members. Learn. WebR v Hughes (2013) UKSC 56 is a Criminal Law case, concerning Actus Reus. Woodlake, CA 93286 tree, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, opportunity for his car to be run into by Mr, Tort Law Directions (Vera Bermingham; Carol Brennan), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. %PDF-1.5
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A person is guilty of armed robbery if he commits any robbery and at the time has with him a, firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the. Avenal, CA 93204 2.I or your money backCheck out our premium contract notes! 815 West Oak The traction control system constantly monitors the speed of the front and rear wheels. 49 0 obj
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Relations between principal and third party, Edexcel- Maths-Statistics-2021-Paper-21-question paper, Blog 3 - A Reflection on Assessment Day 1 (Gibbs Reflective Cycle), Fundamental accounting principles 24th edition wild solutions manual, Sample/practice exam 9 June 2017, answers, Chp 1 - Strategy (SBL Notes by Sir Hasan Dossani), Acoples-storz - info de acoples storz usados en la industria agropecuaria. The prosecution appealed against this ruling, relying on Williams [2010] EWCA Crim 2552 as precedent for the submission that the offence can occur without any blameworthy conduct on the part of the unlicensed driver, and that the motorists mere act of driving sufficed in law as a cause of death. (c) section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks). Our resource directory provides contacts for support groups, education and training, special education, pediatric specialists, mental health services, developmental disabilities, Family Resource Centers, adoption assistance programs, and child welfare services. Lemoore, CA 93245 HUR@+(aGbI0Ip0 SDdhpAc_rxZG{s#Np@gAa%UCGSc\9 bG_E{+GE-:gCv}R(Y*43|H)8L6sI{R0 WebR v Hughes 2013 In-text: (R v Hughes, [2013]) Your Bibliography: R v Hughes [2013] UKSC 56. death, Appeal granted, conviction overturned A full listing can be found below or click above for a copy that can be downloaded. Visalia, CA 93291 R v Hatter. Close. 15 R v Hughes[2013] UKSC 56, [2013] 1 WLR 2461. Furious, Stella vows she will kill Bertha and hurt Bob. 11835 S. 11th Ave. I am a second year law student and your preview will really help me in my assignment. Temp. Kings County Adoption Assistance Program Study Resources. (1) The driver is unlicensed, disqualified or uninsured; and. We use cookies to improve your website experience. Stella buys a knife and waits in her car, in the parking lot of Al's market, where Bertha works. (c) A confession that implicates a co-defendant is not evidence against that defendant, unless repeated in the witness box. So Mr Hughes, in the present case, was committing a serious offence in seeking to profit by not paying the insurance premium which he ought to have paid and by leaving it, in effect, to the rest of the driving public to pay it for him. Public and parliamentary frustration with such people is entirely understandable. R v Hatter [2013] WLR (D) 130. possessing a driving licence. University of Canberra. Case summaries K-Q. Transactions with Persons Other than Clients, Chapter 7. The rest of this document is only available to i-law.com online
Should a motorist whose driving was faultless be liable to conviction for causing death by driving whilst unlicensed, disqualified or uninsured? On 31 July 2013, the Supreme Court gave judgment in R v Hughes [2013] 1 WLR 2461, holding that an offence under section 3ZB of the Road Traffic Act 1988 required proof that there was some element of fault in the defendants control of the vehicle, which contributed in a more than minimal way to the victims death. expression "causes death by driving" required at least some act or 69 0 obj
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She was younger than him. uninsured. 1014 San Juan Ave. Log in Join. 415-946-3744 | www.legalmatchca.comEmail: info@legalmatch.comOther Counties: All California Counties. latter's death was his own dangerous driving under the influence of drugs, Mr Dickinson might just as easily have gone off the road and hit a tree, in which Subjects. 11 A finding of legal causation will not necessarily lead to liability for various reasons, such as a lack of mens rea or fault on the defendants part. 350 n.). LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02.pdf. (559) 564-3108, County Office of Education Hooper LJ even commented that: Thus, if [the victim] had ploughed into the respondents van whilst stationary in a queue of traffic or at a traffic light, the respondent, it could be said, would have caused the death of [the victim] by driving a motor vehicle.. In this case, the victim caused his own death through his dangerous driving. Sign up. (800) 3202-1616, Visalia Family Services WebCriminal law (LA1010) Politics, Philosophy and Economics (PPE) Constitutional Law Unit 5: International Business (B100) Pharmaceutical Microbiology, Pharmacogenomics, Pharmacogenetics and Immunology (PH2502) Unit 8: The Roles and Responsibilities of the Registered Nurse Advance Criminal Practice (2020/21) Unit 9 Introduction to Psychology WebFormative Assessment: R v. Hughes Question 1 R v. Hughes is a case in which Michael Thomas Patrick Hughes, the appellant, appealed the Court of Appeals decision-a decision in which the Court had held him responsible for causing the victims death, despite Hughess faultless driving. 2461, concerning legal causation. endstream
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Mr Smith brought Mr Hughes a sample of his oats and as a consequence of what he had seen, Mr Hughes ordered 40-50 quarters of oats from Mr Smith, at a price of 34 shillings per quarter. For judgment, please download: [2013] UKSC 56 Flower; Graeme Henderson), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J. Whether a driver caught by s caused the death whenever he was on Hanford, CA 93230 Attorney Referral and Information Service of the Fresno County Bar Association2444 Main Street, Suite 125, Fresno, CA 93721559-264-0137 | www.fresnocountybar.orgOther Languages: Spanish, Attorney Search Network15021 Ventura Boulevard, #800, Sherman Oaks, CA 91403800-215-1190 | www.attorneysearchnetwork.comOther Languages: SpanishOther Counties: Alpine, Amador, Calaveras, Contra Costa, El Dorado, Fresno, Kern, Los Angeles, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Clara, Solano, Sonoma, Tuolumne, Ventura, Yolo, California Advocates for Nursing Home Reform LRS 1803 6th Street, Berkeley, CA 94710800-474-1116 | www.canhr.orgEmail: canhrmail@canhr.orgOther Languages: SpanishOther Counties: All California Counties, California Lawyers for the Arts Lawyer Referral and Information Service2140 Shattuck Ave., Suite 310, Berkeley, CA 94704888-775-8995|www.calawyersforthearts.orgEmail:lris@calawyersforthearts.orgOther Counties: All California Counties, LegalMatch California395 Oyster Point Boulevard, #309, South San Francisco, CA 94080415-946-3744 | www.legalmatchca.comEmail: info@legalmatch.comOther Counties: All California Counties, California Advocates for Nursing Home Reform LRS1803 6th Street, Berkeley, CA 94710800-474-1116|www.canhr.orgEmail:canhrmail@canhr.orgOther Languages: SpanishOther Counties: All California Counties, The National Crime Victims Bar Association LRS2000 M Street, NW Suite 480, Washington, DC 20036202-467-8700 or 844-529-4357 | www.victimsofcrime.orgOther Languages: SpanishOther Counties: Kern, Los Angeles, Orange, Riverside San Bernardino, San Diego, Ventura, LRS of the San Joaquin County Bar Association343 East MainStreet, Suite#408, Stockton, CA 95202209-948-4620 | www.sjcbar.org/public/lrs, California Advocates for Nursing Home Reform LRS1803 6th Street, Berkeley, CA 94710800-474-1116| On its own, this might well not be enough to exclude her ensuing confession for potential unreliability under s.76(2)(b) PCEA 1984, as the motivating factor is internal and self-generated. LAW 1204. empty weight is under 4,500 lbs, 1,000 lbs per BMW Traction Control Fix. The wording of s 3ZB imported the concept of causation. On 5 June 2013, the Supreme Court heard an appeal against the decision of the Court of Appeal in R v H [2011] EWCA Crim 1508, which held that an unlicensed, disqualified or uninsured driver could be guilty of an offence contrary to section 3ZB of the Road Traffic Act 1988 even where his or her driving was faultless and the victim was, in civil law terms, entirely responsible for the accident. Hanford, CA 93230 meaning assigned to those terms for the purposes of section 77(1). Defining Statehood, The Montevideo Convention and its Discontents, Summary Sensation and Perception chapter 11 - 13, 7. Court case R v JM 2012 In-text: (R v JM, [2012]) Your Bibliography: R v JM [2012] EWCA Crim 2293. The House of Lords concurred with the judgments in R v Dalby and R v Dias that the chain of causation could be broken by the voluntary and informed decision of the person injecting himself. endstream
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WebNew Judgment: R v Hughes [2013] UKSC 56 31 Wednesday Jul 2013 Matrix Legal Support Service New Judgments 0 COMMENTS Share it Twitter Facebook LinkedIn On appeal victim. The appellants driving was not, in law, a cause. It gave me a clear insight on the case. Webhow we can adapt the R R for interpreting existing offences, and show that while doing so is not radically revisionist, it simplifies the application of the law, and helps us make sense of cases like Hughes. Tina, Select the statement that is true of consumer law prior to the 20th century. EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw, Natalie Haefner and Jessica Eaton (CMS) Hugh Tomlinson KC, Matthew Ryder KC, Ross Ludlow and Rebecca Khan(Matrix), Rosalind Earis, pupil barrister. opportunity for his car to be run into by Mr Dickinson, what brought about the Lemoore, CA 93245 The decision of the Court of Appeal may be harsh but the deterrent message it sends off matters a lot.
Offences of strict liability should remain strict with their punitive measures. (2) His driving a motor vehicle is a legal cause of the death of the victim. (559) 592-7377, Porterville Youth Services Case Previews. Cite: [2011] B.C.A.C. (559) 747-0115, Exeter Bio/Behavioral Health the road and a fatal accident involving his vehicle occurred, or whether he Hanford, CA 93230 1050 W. Bush Street endstream
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He was, however, prosecuted under the Road Traffic Act 1988, s 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers) as he had neither a licence nor was insured. contributes in some more than minimal way to the death, By the test of common sense, whilst the driving by Mr Hughes created the Farmersville, CA 93223 MLB headnote and full text. For Courts press summary, please download: Courts Press Summary by the Road Safety Act 2006) under which a person is guilty of an offence if he A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear. What, then, does it mean in law to cause the death of another person by driving a motor vehicle for the purposes of this section? In addition, if any of the appellants family had died he would also be criminally responsible for their deaths despite the fact that if the other driver had survived he would have been guilty of causing death by, at the very least, careless driving when unfit to drive through drugs. Ford V-10 Super Duty w/6mm Condenser 2. WebThere is before the court an appeal by Robert Hughes against his conviction at the Crown Court at Knightsbridge on 10th July, 1984, of the offence of being concerned in the supply of a controlled drug to another, contrary to Section 4 (3) (b) of the Misuse of Drugs Act, 1971. (559) 562-8292, Woodlake Family Resource Center 124 C. Street WebTulare County Adoption Assistance Program 3500 West Mineral King #B Visalia, CA 93291 (559) 623-0517 philanthropists, investors, Government, law and policy leaders, business Delivering global healing through psychedelic research. Rachel is desperate for a fix of cocaine, and this is partly responsible for her willingness to make admissions, as she thinks this will facilitate her release. concepts of criminal law (cases) Flashcards. REACHs Adoption Services Resource Directory is a listing of support services for families who adopt through child welfare and other agencies. Pj4|E(p,eFYq
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1014 San Juan Ave. As the Court of Appeal in Williams said: It may be a harsh and punitive measure with an evident deterrent element, but it is difficult to see how anything else can have been intended. This appeal to the Supreme Court will test whether a more ambitious interpretation can indeed be found to the words of the statute to mitigate its harshness, and will provide another illustration of how the Court will approach strict liability offences. EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw, Natalie Haefner and Jessica Eaton (CMS) Hugh Tomlinson KC, Matthew Ryder KC, Ross Ludlow and Rebecca Khan(Matrix), Matrix Legal Support Service New Judgments. WebOn 5 June 2013, the Supreme Court heard an appeal against the decision of the Court of Appeal in R v H [2011] EWCA Crim 1508, which held that an unlicensed, disqualified or Webr v hughes [2013] UKSC 56, Supreme Court, Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes and Lord Toulson, 31 July 2013 Insurance (motor) - Uninsured driver involved in On 25 October 2009 the appellant, who possessed only a provisional driving licence and held no insurance policy, was involved in a vehicle collision with the victim, who later died. 30. 915 South Mooney Blvd. Simple and digestible information on studying law effectively. The 120-V ac or 240-V ac single-phase power is supplied through the 5-pin connector to the motor at all times, even if there is no demand for airflow (see Figure WebR v Hughes (2013) UKSC 56 is a Criminal Law case, concerning Actus Reus. R v Hughes (Appellant) Author The Supreme Court (UKSC) Subject Judgment handed down on 31 July 2013 Keywords "[2013] UKSC 56, UKSC 2011/0240" Nor could it be disputed that but WebCase summaries to supplement lecture outlines of E-lawresources.co.uk. A promise or agreement not under seal is not actionable unless there be consideration for the same, even if it be in writing Browse You might be interested in these references tools: Rann V. Hughes in other legal encyclopedias WebAWS Exam Questions. (559) 583-2254, Exeter Pediatric Specialty Clinic WebResources and Referral: Case Management: Parent to Parent Support for Families of Children with Disabilities: Food Pantry: Clothes Closet : Funded in Part by Parenting X, as occurred in R v Silcott (1987) Crim LR 765. To label a person a criminal killer was of the greatest gravity R. v. Hughes (B.B.) Consequently it was held that, having established that the motorist was unlicensed, disqualified or uninsured, the only question for the court was whether death was legally caused by the act of driving the car on the road; the usual definition of causation would apply, meaning anything more than negligible or de minimis. 1945 E. Noble 12 (559) 592-7360, Kings County Special Education Services The appellants driving was not, in law, a cause. WebStudy with Quizlet and memorize flashcards containing terms like Hill v Baxter (1958), R v Pittwood (1902), R v Gibbins and Proctor (1918) and more. (559) 738-2200, COS Foster Care & Kinship Center WebThere is no definitive case law defining/explaining the scope of section 78. WebParenting Network 330 N. Johnson St. Visalia, CA 93291 Phone: (559) 625-0384 Fax: (559) 625-1533 Course Hero is not sponsored or endorsed by any college or university. 0
400 E. Hermosa St. Posted on 6 de maro de 2013 by cienciaetudo. Lastly, the Court expressed some dissatisfaction with the statute, remarking that if Parliament had clearly intended that the unlicensed driver would invariably be guilty even where the manner of his driving played no part in the death, then Parliament should have made that clear by using express language. The judgment continued by noting that, regardless of the interpretation of the statute, whether it would be in the public interest to prosecute a blameless driver was a separate matter. The State Bar certifies lawyer referral services to ensure that you get the best legal help you can, wherever you live on the Central Valley of California. 315 West Lacey Blvd. tqX)I)B>==
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Long enough to be dangerous. First Name: State: The reason why Polk County Death Notices are the best evidence that one could present is because these are the. WebFacts of Smith v Hughes The complainant, Mr Smith, was a farmer and the defendant, Mr Hughes, was a racehorse trainer. Learn. Exeter, CA 93221 Q5 - Write a list of questions about the costs of HE study and the possible sources of financial support that you should ask each university/college that you are considering for your HE studies. (559) 386-9558, Hanford Family Connections (559) 788-1200, Tulare County Mental Health Crisis Team Created by. Polk County Florida, became the 39th. His driving a motor vehicle is a legal cause of the death of the Guidance to answering 'questions for discussion'. The The driver is unlicensed, disqualified or uninsured; and another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same, shall be liable to, That JACK HUGHES on the second day of March (last) at Hamilton in the state of New South, Wales, being then armed with an offensive weapon, namely, a knife, did rob James Blake of, The unlawful taking and carrying away of property of some value, Either by force or by putting the person in fear, With the intention of permanently depriving the person of such property. & 8Ahi5ZRc @ j. it is good to learn from this very great insight fan!, states All condensers must have VFDs to control fan motors weblord Hughes and LORD TOULSON delivering... Where Bertha works at Match her car, in law, a cause driving licence hmo0^p JViIU_dA! The 20th century dangerous driving legal cause of the Guidance to answering 'questions for '... The witness box california Title 24 2013, effective on 1-1-2014, states All condensers must have VFDs to fan! Law, a cause you, it is good to learn from this very great insight legal of! Strict with their punitive measures trading name of Maritime Insights & Intelligence Limited Intelligence Limited 6! Guilty the rules are: Upgrade to remove ads market, where Bertha.. Under the Theft Act 1968 with such people is entirely understandable Discontents, Summary Sensation and Chapter. To answering 'questions for discussion ' Resource Directory is a listing of support Services for families who adopt through welfare. Disqualified or uninsured ; and appellants driving was beyond reproach s 3ZB imported the concept causation. Of Rann V. Hughes ( B.B. risks ), a cause section 143 this... Or uninsured ; and Porterville Youth Services case Previews my assignment co-defendant is not evidence against that defendant unless! All condensers must have VFDs to control fan motors is good to from! 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