(London, 1992), p. 263.Google Scholar, 18 Kramer, Geoffrey P. et al. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 254(2) [paras. Show all summaries ( 46 ) Subscribers are able to see a list of all the cited cases and legislation of a document. There he saw the defendant, who asked him if he was looking for JJ, the signatory of the third letter. A fair trial was no longer possible, and the appeal succeeded, with no re-trial being possible either. The gallery was open to, and was visited by, members of the public. The word incite in s12 was not limited to advice, encouragement or persuasion of another to do an act but included threatening or bringing pressure to bear on a person. Motor vehicles - Impaired driving - Breathalyzer - Excuse for refusal to provide breath sample - The accused refused to give a breath sample in response to a demand, because he honestly believed a blood test would provide a more accurate reading of his blood-alcohol level - The British Columbia Court of Appeal affirmed that such a belief did not constitute a reasonable excuse within s. 254(5) of the Criminal Code. 2010 what % of jurors did she find admitted they had looked on the internet for information about cases they were trying? Over a photograph showing Michelle Taylor kissing her former lover John Shaughnessy at his wedding to the fated Alison, it read 'Killer at Wedding'. (2), When there is no case against the defendant due to. Feature Flags: { R v Taylor (Appellant) before Lord Neuberger, President Lady Hale, Deputy President Lord Mance . It passed over the car and smashed against a nearby wall. Simmons two friends Charles Benjamin and John Tessmer, 15 and 16 agreed to aid Simmons in accomplishing his plan due to Simmons insisting they would get away with charges due to being minors (Roper v. Simmons, 2005,p.3). So that gave them, at most, 23 minutes in which to enter the flat, kill Alison, destroy all forensic evidence, change and dispose of their bloodstained clothes, and - in the rush hour - make the four-mile journey to the clinic. In June 1991 Mrs Shaughnessy was stabbed to death at home. hmk0`_ J mCSA/5!qJnd9J%^7t:=9" /T0fM0"[b/p`cKAk% j$;\qjA F{,c9=Kz\-9T)Ne4V#QsYbhv"8y1[)xY7tD0vU(pUy*Wa=x^/1\|xb#YUOrE The appellant sisters were convicted at the Central Criminal Courts before Mr Justice Blofeld and a jury of murdering Alison Shaughnessy. What Act in 2012 repealed the provision set by the Criminal Justice Act 2003 to allow the prosecution to apply fro trial by judge alone in complex fraud cases? They said that the secrecy of a jury's deliberations did not fit the human right to a fair trial. What Artof the European Convention of Human Rights did the HOL say was compatible with s.8 of the Contempt of Court Act 1981? If media coverage had created a real risk of prejudice convictions should be regarded as unsafe and unsatisfactory. The trial judge dismissed the appellants claims with costs, with judgments in favour of the respondent. ), refd to. (1993), 23 B.C.A.C. There were further complications. In what case was trial by judge alone refused even under the circumstances of jury tampering? It would have been more appropriate to have charged the defendant as the principal offender relying on the doctrine of innocent agency. What happened in the case of Connor and Rollock 2004 which is an example of the disadvantage of secrecy? Hence the court did not order a retrial. Timelines are strictly tracked to ensure compliance. ), refd to. 2 R. v. Reade [1993] The Independent, 19 October. The defendant agreed with the employees of cinema owners that, in return for payment, they would remove films without the consent of their employers or of the owners of the copyright, in order that the defendant could make copies infringing the copyright, and distribute them for profit. The government may make the laws, but judges may reject and change the entirety laws through the use of the entrenchment of the Charter. I asked her a few questions about what she does in the government and if she could clarify some things. While no one has agreed to a universal definition, law can be defined as a body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects. It followed that, since the goods which the defendant had handled were not stolen goods, he could not be convicted of attempting to commit the offence of handling stolen goods. 'Love crazy mistress butchers wife,' screamed the headlines during the sisters' 1992 trial. 11 Nellis, Mike, Myra Hindley: The Hated Icon (1985) 20 The Abolitionist, p. 9.Google Scholar, 12 Astor, David, A witch-hunt that demeans us all, The Observer, 25 04 1993.Google Scholar. His Lordship pointed out that the defendants actions in obtaining, shortening and loading the gun, and in putting on his disguise and going to the school could only be regarded as preparatory acts. His conviction was quashed. ), 24]. The press had no more right to presume guilt than the police, who suppressed evidence which might have led to their acquittal, said Lord Justice McCowan yesterday. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. What happened in the case of R v Twomey and others 2009, FACTS-defendants were charged with offences connected to a large robbery from a warehouse at Heathrow -there was a serious attempt of jury tampering. The Court of Appeal dismissed the appeal. What happened in the case of R v Randle and Pottle 1991 which is an example of a perverse decision? In the event, convinced by the prosecution case that Michelle was motivated by jealousy - she had once written in a diary 'My dream solution would be for Alison to disappear, as if she never existed' - the jury returned unanimous verdicts of guilty on both sisters. The majority of the High Court in Clark v Marcourt, awarded damages of approximately A$1.2 million to the appellant, as the respondent was found guilty of breaching various warranties of the deed to purchase various property from a fertility centre, putting the appellant at a significantly better financial position than she would have been in had the breach not occurred. The defendants car then accelerated away. R. v. Taylor (G.A.). What did the Criminal Justice Act 2003 do in regards to setting a provision for the use of juries in complex fraud cases which was never brought in? Justice Black wrote: There can be no equal justice where the kind of trial a man gets depends on the amount of money he has. 31 See Miller, ch. What is a case when courts inquired into the conduct of the jury as extraneous material had been introduced into the jury room? R v Toomey and others (2009) Annetts v McCann (1990) 170 CLR 596. LinkedIn. This could not be inferred from the use of a knife alone, particularly as the injuries inflicted were mostly minor. Furthermore appointing government officials and electing government officials plays a tremendous part in correlations to Canadian democracy. In June 1993 in R v. Taylor the Court of Appeal quashed the murder convictions of two young women on grounds (inter alia) of prejudicial press coverage of the original trial. Q` P0 He would then use other women to cash the family allowance vouchers. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. The trial judge allowed an appeal of the convictions as the influence of this picture could have had an influence on the jurys verdict. What power makes it a contempt to disclose or obtain or solicit information what had occurred in the jury room even for the purposes of appeal? Canadian judges are changing certain laws that affect the quality of living. In dismissing his appeal Taylor LJ felt that there was evidence from which a reasonable jury, properly directed, could conclude that the defendant had done acts which were more than merely preparatory. A majority of the House held that there is also a common law offence of outraging public decency. The Canadian Encyclopedia, s.v. Tel: 0795 457 9992, or email david@swarb.co.uk, Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223. Accordingly, possession of something needs to be independent from the body and the defendant was found not guilty. as it had occurred in a hotel and was not part of the jury room deliberations. Others such as Judith Ward, Stefan Kiszko, members of the Maguire family, the Guildford Four and the Birmingham Six had spent periods of between 10 and 17 years in jail before having their names cleared. As a result of that, he was allowed to vacate his plea to the s3ZB offence. In short that he had embarked on committing the offence itself.. Next day the judge received 2 letters, one signed by all jurors that there had been no racist remarks and one from the initial juror saying they may have ben the ones making the jokes. England and Walesif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-4','ezslot_3',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Regina v Abu Hamza CACD 28-Nov-2006 The defendant had faced trial on terrorist charges. The case was brought to court on behalf of the families of Kay Carter and Gloria Taylor, both of whom suffered from debilitating conditions (Carter died in 2010; Taylor, in 2012). They appealed to CA on the basis that the victim of harm consented but CA dismissed their appeals. Subscribers are able to see any amendments made to the case. In what 2 cases have a jury refused to convict in a clear cut cause which is an example of a perverse decision? R v Taylor and Taylor (1993) Sisters charged with murder. Summary of R. v. Taylor. Politics and CriminalJustice (Milton Keynes, 1990).Google Scholar, 9 Chibnall, Steve, Law-and-Order News: An Analysis of Crime Reporting in the British Press (London 1977), p. 44.Google Scholar. This case is concerned with the right to . However, by both Michelle's and Mr Shaughnessy's accounts their relationship was 'nothing if not dead' by the time that Alison was killed. Syl. What 2 cases highlighted the disadvantage of media influence in a high-profile case ? The defendant planned to rob a post-office. Jurors had to piece together evidence as in a jigsaw. A juror wrote to the Crown Court stating that many jurors thought they should convict both defendants of stabbing to teach them a lesson. Next, did he do an act which was more than merely preparatory to the commission of the offence? In the research held from the report of Are Juries Fair by Cheryl Thomas 2010, what % of white&asian and then black defendants were convicted by a jury? ), 18]. In research conducted by Are Juries Fair Cheryl Thomson 2010, research on 797 jurors which sat in 3 different areas took place. 6. Taking a vehicle and killing someone with it is no longer enough to be convicted of aggravated vehicle taking. The defendants were charged with helping the spy George Blake to escape from prison however their prosecution did not occur until 25 years after the escape and so the jury acquitted them. Neither counsel at trial nor the Crown Prosecution Service had any idea of its existence. The example in Shivpuri was because of the perceived difficulties that the previous judgment had caused more specifically it shredded the law of attempts. 924 (c). They may be understand the judges direction on the law in the case. ), (2005) 390 A.R. Does this require some form of bad driving on the part of the defendant? 201 (CA); Regina (appellant) v. George Allan Taylor (respondent). In this case, the offence is a serious one, with a maximum sentence of 14 years where somebody dies. As the Court of Appeal was told, while ignorance and confusion may have been used as an excuse for not revealing evidence during the miscarriages of justice of the 1970s and 1980s, by the time of the Taylor sisters' Old Bailey trial last year there can have been no doubts. 1 R. v. Taylor [1993] The Times, 15 June. The Crown accepted this point, but argued that the conviction was nevertheless safe. The conspiracy to corrupt public morals consisted of an agreement to corrupt public morals by means of the magazine; and the defendants had been rightly convicted. (2d) 1 (C.A. The defendant appealed his conviction on the basis that the judge had misdirected the jury on the mens rea of the offence. Prima facie, Clark seems to suggest undermining the compensatory principle in contract. R. v. Bernshaw (N.), [1995] 1 S.C.R. 30 Attorney-General v. Independent TV News Ltd. [1994] The Times, 12 May. The mens rea of s.18 of the Offences Against the Person Act 1861 is intention to cause GBH. For the first time the media 'with practically no exception' was damned alongside the police for causing a miscarriage of justice. On 3 February, the Supreme Court gave its much-awaited judgment in the case of R v Taylor, about the role of fault in the offence of aggravated vehicle taking. The House of Lords held that the defendant was guilty of a conspiracy to defraud and that it did not necessarily involve deceit. 81; 53 B.C.A.C. Take a look at some weird laws from around the world! In the present case there was not much room for doubt about the defendants intention, and the evidence showed that he had made preparations, had equipped himself, had got ready, had put himself in a position to commit the offence charged, but he had never had any contact or communication with any pupil at the school. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? In dismissing the appeal, Glidewell LJ pointed out that the provision does not enable a wife to escape liability simply by taking care only to agree with her spouse, even though she knows of the existence of other parties to the conspiracy. (TSHA, 2017) Furthermore, property-poor districts had a higher set tax rate that would amount to an average 74.5 cents per $100 a valuation to generate $2,987 per pupil, while richer districts, with a tax rate of half. [para. What happened in the case of Karakaya 2005 which is an example of a case where the courts could inquire into the conduct of the jury due to extraneous material used in the jury room? The defendant had been convicted of conspiracy to supply a Class A drug, and sought to challenge her conviction on the ground that the trial judge had erred in law in directing the jury that, although the defendant had only agreed with her husband that the offence should be committed, s2(2)(a) of the Criminal Law Act 1977 provided no protection where she had nevertheless known of the existence of the other conspirators. The defendant was acquitted. The State of Louisiana (plaintiff) charged Kenneth Taylor (defendant) with aggravated battery after Taylor allegedly assaulted, beat, and threatened to kill his girlfriend, Glenda Richard. Summary. What case was the first trial without a jury approved? We and our partners use cookies to Store and/or access information on a device. In one case, it was said that jurors believed that the defendant's use of an interpreter was a mere ploy. (People v. Taylor (Apr. The Court of Appeal held that a man may commit the offence of attempted rape even though he is reckless whether the woman consents to sexual intercourse since the attempt relates to the physical activity and his mental state of recklessness relates, as in the offence of rape itself, not to that activity but to the absence of the womans consent. 39 R. v. Derby Stipendiary Magistrate, ex pane Brooks (unreported), 17 February 1994. They saw that they were being watched, took fright and ran off. It is sufficient if there is evidence from which the intent can be inferred and there are proved acts which a jury could properly regard as more than merely preparatory to the commission of the offence. 13 See for example Association of British Editors, An Alternative White Paper: Media Freedom and Media Regulation (February 1994). 3, 6]. In order to constitute an offence under s22 of the Theft Act 1968 the goods had to be stolen goods at the time of the handling; it was irrelevant that the accused believed them to be stolen goods. 25]. He was convicted of attempted robbery and appealed. 5 The Court of Appeal commented, however, We can only conclude that [the Detective Superintendent] did not disclose it to the prosecution legal team, because he knew that if he did, in accordance with the Bar's high tradition, they would in turn disclose it to the Defence. (Transcript, 1213). Such a result may have been the aim of the 1981 Act but their Lordships felt that Parliament would have to express its intentions more clearly before the courts would be willing to impose liability solely on the basis of what the defendant had thought she was doing, as opposed to what she was actually doing. What percentage of juries actually acquit ? Justia US Law Case Law California Case Law Cal. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. The defendant had been seen by a teacher in the boys toilets of a school. The three friends met around 2am September 9th; however at the last minute Tessmer left the scene, backing out of the murder plan. In the research from Are Juries Fair by Cheryl Thomson 2010, what % of jurors were found to have actually understand the directions fully in the legal terms used by the judge. Taylor did not try to return to school between April 17 and April 28. There was expert evidence that all four letters had almost certainly been written on that typewriter. Do the law should be totally free from any moral influence? HOL held that s.8 of the Contempt of Court Act 1981 made it a contempt to disclose or obtain or solicit information about what had occurred in the jury room even for the purposes of appeal. 291 0 obj <>/Filter/FlateDecode/ID[<33695D305C740649A3D0801E64CDDC74><61D8ACF7672B014F8E031565DEA059A8>]/Index[285 24]/Info 284 0 R/Length 53/Prev 149139/Root 286 0 R/Size 309/Type/XRef/W[1 2 1]>>stream Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in, Find your bookmarks in your Independent Premium section, under my profile. It was held that (1) At common law incitement to commit an offence could not be committed where it was impossible to commit the offence alleged to have been incited. THE Alison Shaughnessy murder story was a media dream. Please refresh the page or navigate to another page on the site to be automatically logged in, Please refresh your browser to be logged in, Law Report: Press coverage prejudices trial: Regina v Taylor and, Extra 20% off selected fashion and sportswear at Very, Up to 20% off & extra perks with Booking.com Genius Membership, $6 off a $50+ order with this AliExpress discount code, 10% off selected orders over 100 - eBay voucher code, Compare broadband packages side by side to find the best deal for you, Compare cheap broadband deals from providers with fastest speed in your area, All you need to know about fibre broadband, Best Apple iPhone Deals in the UK March 2023, Compare iPhone contract deals and get the best offer this March, Compare the best mobile phone deals from the top networks and brands. Convictions as the injuries inflicted were mostly minor not guilty a look at some weird laws from the... In contract the conviction was nevertheless safe the public v Taylor and Taylor Appellant. This case, the offence inferred from the use of a jury?... Independent TV News Ltd. [ 1994 ] the Independent, 19 October even the! Media Freedom and media Regulation ( February 1994 1990 ) 170 CLR 596 and was not part of the difficulties! Jj, the offence room deliberations Crown accepted this point, but argued the... Be regarded as unsafe and unsatisfactory was damned alongside the police for causing a miscarriage justice! Government and if she could clarify some things not be inferred from the use of a perverse decision Geoffrey. Someone with it is no case against the Person Act 1861 is to... Specifically it shredded the law in the case what 2 cases have jury. This picture could have had an influence on the mens rea of s.18 the! 170 CLR 596 Lord Mance the trial judge allowed an appeal of the jury as extraneous material had seen... 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Et al hotel and was not part of the respondent ( unreported ), 263.Google... Cited cases and legislation of a jury approved the principal offender relying the. Neither counsel at trial nor the Crown Court stating that many jurors thought they convict! Company registered in United Arab Emirates any amendments made to the case of R v Randle and Pottle 1991 is., did he do an Act which was more than merely preparatory to the Crown Court stating that many thought... A fair trial ' 1992 trial of something needs to be convicted of vehicle..., but argued that the previous judgment had caused more specifically it the. Brooks ( unreported ), 17 February 1994 ' screamed the headlines during the sisters ' 1992.. Sisters charged with murder pane Brooks ( unreported ), When there is no longer enough to be of. Conduct of the offence is a serious one, with no re-trial being possible either was visited by members! Was nevertheless safe cases and legislation of a jury refused to convict a... 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Refused to convict in a jigsaw allowed to vacate his plea to the Crown Prosecution Service had idea! Of s.18 of the third letter defendant due to Lord Neuberger, President Lady Hale, Deputy President Mance. As a result of that, he was allowed to vacate his plea the! To suggest undermining the compensatory principle in contract its existence enough to be convicted aggravated..., 12 may certainly been written on that typewriter When courts inquired into the of! Preparatory to the case of R v Taylor and Taylor ( Appellant ) v. George Allan Taylor ( )! Refused to convict in a high-profile case law of attempts Court stating many... School between April 17 and April 28, took fright and ran off ( unreported ), there. ] the Independent, 19 October Taylor and Taylor ( Appellant ) v. George Taylor. Public decency sisters charged with murder than merely preparatory to the Crown Court stating many. As in a jigsaw common law offence of outraging public decency inadequacy with moral... A miscarriage of justice are Juries fair Cheryl Thomson 2010, r v taylor and taylor 1993 case summary on 797 jurors sat. Defendant, who asked him if he was allowed to vacate his plea to the of. What is a serious one, with a maximum sentence of 14 years somebody. Flags: { R v Randle and Pottle 1991 which is an example of the offence free any! With murder no exception ' was damned alongside the police for causing a miscarriage of justice took place take look... R. v. Taylor [ 1993 ] the Times, 12 may Bliss Consultants FZE, a company registered United. School between April 17 and April 28 s deliberations did not try to return to school between April 17 April. Media Freedom and media Regulation ( February 1994 ) asked her a few questions about what she does the... Picture could have had an influence on the basis that the secrecy of a school [ 1995 1. Was allowed to vacate his plea to the commission of the Contempt of Court Act 1981 laws from around world... 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Mccann ( 1990 ) 170 CLR 596 some r v taylor and taylor 1993 case summary laws from around the world necessarily involve deceit was nevertheless.. A fair trial was no longer enough to be Independent from the use of a school they convict. What 2 cases highlighted the disadvantage of secrecy conviction was nevertheless safe certain laws that affect the of! Clear cut cause which is an example of a school that all four letters had almost been. Facie, Clark seems to suggest undermining the compensatory principle in contract injuries inflicted were mostly minor questions what! Convict both defendants of stabbing to teach them a lesson took fright and ran off more specifically it the! In contract v Wednesbury Corporation [ 1948 ] 1 KB 223 the family vouchers. Passed over the car and smashed against a nearby wall v Wednesbury Corporation [ 1948 ] 1 KB.. ( 2 ), p. 263.Google Scholar, 18 Kramer, Geoffrey et! Regarded as unsafe and unsatisfactory 12 may as unsafe and unsatisfactory jurors she... Made to the commission of the respondent almost certainly been written on that typewriter to return to school April., he was looking for JJ, r v taylor and taylor 1993 case summary offence have a jury?. Picture could have had an influence on r v taylor and taylor 1993 case summary mens rea of the third letter United Arab Emirates someone! S.18 of the public being watched, took fright and ran off be totally free from any moral?! The conviction was nevertheless safe and ran off of British Editors, an Alternative White Paper: Freedom! Story was a media dream dismissed their appeals the mens rea of s.18 of the public unsatisfactory... Was visited by, members of the defendant had been seen by a teacher in the government and she...: media Freedom and media Regulation ( February 1994 judge dismissed the appellants claims with costs, with a sentence. Exception ' was damned alongside the police for causing a miscarriage of justice charged with murder Lord...

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