Quizlet Plus for teachers. R V Miller The . This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Flashcards. . As However, note that some crimes cannot be committed through omission e.g. . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. They returned to the flat the following day and found her dead. Simple and digestible information on studying law effectively. S had severe disabilities, being partially deaf and blind. However, there is a counter argument that people could cause more harm if trying to help an injured person. It also shows that there are many ways in which an actus reus can be formed without an actual criminal activity taken place. The rationale here is pragmatic. since the passing of the Human Rights Act 1998 the courts need to take this This is a tentative argument, as the defendant had no prior relationship with the woman. Furthermore, if there is someone drowning on a beach for example with no lifeguard present do you expect all the people on the beach to help? He opened the gate to let a cart through, and forgot to close it before he left for lunch. This duty of care means that if you create a dangerous situation, you are liable for any harm caused if you have not taken reasonable steps to prevent the harm occurring. Case summaries K-Q. Facts: The defendant (D) was employed by a railway company to man the gate at a level crossing. The Court of Appeal held that the defendant who had supplied his half-sister with heroin owed a duty to take reasonable steps by, for example, getting medical help, when he became aware that his sister was exhibiting signs of a heroin overdose. his own decisions, in some cases it would be reasonable for a person not to act Which Russell group uni are leniant towards a level predicted grades for law? he did not get off the policemans foot). Within the actus reus, there must be both a voluntary act and a consequent result. Law Applicants 2023 entry - discussion thread, what unis could i get into for law on A*AA realistically. Disclaimer: This essay has been written by a law student and not by our expert law writers. Terms in this set (8) R v Vickers. The child subsequently died of starvation. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. There was no reason to question the conclusion of the consultant in this situation; it was in the patient's best interest to allow S to die by not taking surgical action to replace the tube (an omission). To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. The author in this essay will critically discuss whether it is the correct approach for acts to have a distinct treatment than omissions. There are conflicting reports on what the court stated on this issue; The claimant was aware of the offer by the time the acceptance was communicated to the Superintendent; It would seem to conflict with the decision in. Facts: Tony Bland was a young supporter of Liverpool F.C. Basically this statement means that a crime can be committed if the person is in a particular situation such as drink driving or if they dont have a certificate of M.O.T. The Herring argues it is not clear what gave rise to the duty, we are Research Methods, Success Secrets, Tips, Tricks, and more! However, the child was not hers, but she was living with Gibbins. Law. Facts: The two defendants (DD) sold heroin to a 15 year-old girl at their flat. Learn. One of the boys pointed the gun at the other and fired. These laws range from imposing a duty to rescue someone in peril to imposing a duty to act to prevent a crime. He was not aware of the reward when he did this. The pressure of the child's hand caused him to have an erection. Owned by the Proprietor and Subsequent Buyer. The hospital, with the consent of his parents, applied for a declaration from the court to lawfully discontinue all life-sustaining treatment and medical support measures designed to keep Bland alive in that state, including the termination of ventilation, nutrition and hydration by artificial means. The conventional view argues that there is a moral distinction between acts and omissions and liability should only be imposed in clear and serious cases, principally where a duty has been voluntarily assumed. [14] Andrew Ashworth and Eva Steiner, 'Criminal Omissions and Public Duties: The French Experience' (1990) 10 LS 153. LS23 6AD Proctor was also acting as a parent as in reality she was undertaking the role of the childs mother. The fire subsequently flared up and spread. might be prohibitive.[18]. Both defendants were described as having low intelligence and acting inadequately whilst she was in their care - Stone's sister's condition deteriorated resulting in death. He had been in this state for three years and was being kept alive on life support machines. -Legal Principle: Both convicted of murder, intentional omission satisfied AR of murder. D took the case to the Court of Appeal, arguing that the offence of misconduct in a public office could not be committed by an omission as it specifically requires misconduct. Ted's sister Fanny came to live with them. cover omissions even when there is no duty of care, however liability should an offence under section 6 of the Road Traffic Act (RTA) 1988. The claimant, a police officer, asked a co-worker to forward some information about the criminal to the Superintendent. Their lack of intelligence was no excuse. By failing to shut the gate, he breached his contractual duty which led to an accident, resulting to the employee being found guilty for manslaughter due to his omission. Hence, it was his duty to provide the money; it was hers to provide food. He had to depend for the rest of his time there on someone being in the premises to let him in. When the dealer arrived, he called a doctor, who pronounced the prostitute dead. Info: 1328 words (5 pages) Essay Another earlier example of this duty situation is in R v Instan [1893] 1 QB 450. D claimed that the woman consented or he honestly believed that she was consenting. undertaking the responsibility is under a duty of care for that person. R v Gibbins and Proctor (1919) 13Cr App R 134 is a Criminal Law case, concerning Actus Reus. Hence, it was his duty to provide the money; it was hers to provide food. In R v Gibbins and Proctor (1918) 13 Cr App R 134, . he omitted to move her hand), the court held it to be - in effect - an act by the man. S., of Perthshire Yeo, Samuel R., o'wise Jowett Yeoman, Thomas, Rev., of Stoke Yeomans, Sarah, o'wise Bostock York, William, d Middlesex Young, Sarah, /mtyElmes " Elizabeth, d Cardiff Youlden, John C, of Camden Town Young, Richard, of Edinburgh " F. J.,marriedMiss McDonald Young, Jeffrey M. ; of Norfolk Youle, Ann Yorke, Sir Joseph Young . Case summaries R-Z. Post was not sent - check your email addresses! If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! The second instance is under contract law. Facts: This case involved a mother and her expecting daughter. It was incorrect for the judge to extend the duty to cohabitees; the duty is restricted to blood relationships However, he found out about the advert before the information reached the Superintendent. Robbery alevel law. A blood transfusion was needed but not given because of her expressed wishes. LAW CAUSATION. Dressler Ted and Gwendolyn took her in and agreed to look after her. In R v Pittwood (1902)[3], the defendant had a contractual duty to ensure that the railway line gate was shut. towards helping a person in danger only if there is a duty of care it is Further to this, there is The proceeds of this eBook helps us to run the site and keep the service FREE! that the law on omissions should protect other important principles and the Created by. Most notably, the duty of care will continue where the child, having reached the age of 18, is incapable of looking after him or herself. number of jurisdictions, including France courts have taken a more broad view A restricted basis of liability respects individual liberty, each person being responsible for his own conduct. Learn. The advert stated that the police would reward anyone who brought the Superintendent information leading to a criminals arrest. In short, it was being alleged that she died of starvation as the result of a long course of cruelty and neglect at the hands of both appellants. This essay will also examine their application in continental jurisdictions. They failed to look after her and ensure she got the medical help she needed. They found that an individual who contributes to a life-threatening state of affairs has a duty to take reasonable steps to save the others life. It is possible to commit the actus reus of murder by omission in cases where the defendant has a duty to act. D wanted to get medical attention for her but she would not allow this. Her parents, having decided that it would be kinder to allow her to die rather than live as a physically and mentally disabled person, refused to consent to the operation. How do Mrs B, therefore, applied to the High Court for a declaration that she had the requisite capacity to refuse treatment. The victim of the attack was a girl called Carol Wilkinson. ECHR and also towards greater certainty in the area of omissions in criminal who was caught in the Hillsborough crush which reduced him to a Persistant Vegetative State. Christie again say that a state of affairs is the following a number of statutory offences defined in such a way that they can be committed when a certain state of affairs exists, or where the accused is in a particular situation. Scotland decides (with the UKs permission), HXA V SURREY COUNTY COUNCIL AND YXA V WOLVERHAMPTON CITY COUNCIL AN ALTERNATION IN THE AREA OF RESPONSIBILITY FOR FAILURE OF PUBLIC AUTHORITIES TO PROTECT CHILDREN FROM ABUSE. The family had sufficient funds to support all residing within the house, but Nelly was deliberately starved which caused her death. In 1955 the claimant (C) acquired a plot of land with a view to building a road diversion. The failure to act constituted actus reus. Held: Although an adult patient was entitled to refuse consent to treatment irrespective of the wisdom of his decision, for such a refusal to be effective his doctors had to be satisfied that at the time of his refusal his capacity to decide had not been diminished by illness or medication or by false assumptions or misinformation. Proctor was in charge of the child, so Gibbons made out he had no knowledge of the child's condition. Doctors W Green, Edinburgh, 2008), Westlaw (Hogg v Macpherson, 1928 S.L.T.3 35) http://login.westlaw.co.uk/maf/wluk/app/document?&src=ri&docguid=I1BD06040E4B711DAB61499BEED25CD3B date accessed 15 November 2009. Boston Spa, [15] George P Fletcher, 'Criminal Omissions: Some Perspectives' (1976) 24 AJCL 703. Criminal Law Learn with flashcards, games, and more for free. Held: The appeal was allowed. His brain stem was still functioning, which controlled his heartbeat, breathing and digestion, so technically he was still alive. reasonable steps by, for example, getting medical help, when he became aware For him to answer either question upon the basis of certainty would be to usurp the function of the jury c.f. He claimed the reward. The outcome of this case has been criticised as there seems to be little logical basis for this conclusion. This is the moment when minors cease to be considered children and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. The nature of the criminal act can vary in degree and seriousness as it can be something as serious as assault and rape, which involve physical force being applied, but it can include something such as theft or fraud. Imagine the challenges of supporting a family alone, and you will understand why the rise in single parenthood and high child poverty rates have gone hand in hand. There is an argument to be made that the law should not impose a duty of care on them where they had no choice in the matter. Contract Law > Offer and Acceptance. It is therefore the contention of the author At first glance it would appear the actus reus and mens rea are not present at the same time, and therefore the D is innocent. Perhaps the most obvious of these is when there is a familial relationship between parties. [13] The defendant had brought a prostitute, who was nearly unconscious when he collected her, to his heroin dealers home, where he tried to help her but did not call a doctor. She contracted pneumonia and passed away after being taken to hospital for treatment. was put to the test in Airedale NHS Trust v Bland (1993)[10]. His subsequent failure to do so created liability for the damage caused. She signed a form which was neither read nor explained to her, signifying her refusal of consent to blood transfusions. *You can also browse our support articles here >. However, some crimes do not require proof of mens rea; these are known as strict liability crimes. Flashcards. Gibbins gave money to Proctor to look after his children, and claimed that he thought the child was looked after. reasonably to avert that danger. [23] A. Ashworth and J. Horder, Principles of Criminal Law (7th edn, Maxwell 2012). Held (High Court, Queen's Bench) The officer was entitled to claim the reward. This duty draws its origins from the case of R v Miller [1983] 2 AC 161. Case: R v Hayward (1908) Topics. assault and constructive manslaughter. Facts: The defendant (D) lived with her aunt, who was suddenly taken ill with gangrene in her leg and became unable either to feed herself or to call for help. Where there is the duty to act, failure to do so can lead to liability even for murder if the necessary mens rea is present. R v Instan [1893] 1 QB 450 Offences against the person - Duty of care Facts Instan was cared for and maintained by her seventy-three-year-old aunt who was the deceased in this case. This man, on 13th December 1979, at the Crown Court at Leeds before Mr. Justice Boreham and a jury, was convicted of murder, and he now applies to this court for leave to appeal against conviction and also to call certain witnesses - two medical men. In the interest of the common good, such negligent behaviour must be criminalised. assist a person in peril, would be a step towards greater compliance with the medical treatment. The impact of the Constitutional Reform Act 2005. a duty imposed to police officers to protect and assist members of the public, Although the court recognised the intention was to cause Blands death, the withdrawal of treatment was properly characterised as an omission. His only likely normal reaction was that of pain. caused. The defendant lifted the gate to allow a cart to pass and then went off to lunch failing to put it back down. Held: Stone and Dobinson were found liable for her death as they had assumed a responsibility to her by taking her in. The main issue in the case of R v Gibbins and Proctor (1919) 13Cr App R 134 : Above all, the question was whether or not murder by omission could occur? As mentioned above, there are limited circumstances where criminal law imposes a duty to act. children. 21 terms. Both jurisdictions impose a duty to rescue incurring a penalty of imprisonment or a fine. This could create a dangerous situation. This seems strange that he was convicted, because he gave money, but the fact that he didnt do anything himself to provide for his daughter, he just left it to his partner who neglected the young girl. Take a look at some weird laws from around the world! Facts: The defendant (D) had been out drinking for the evening. D appealed to the Court of. Held: The offence of misconduct in a public offence can be committed by an omission. Erle, CJ: " Here the girl was beyond the age of childhood, and was entirely emancipated.". D was entitled to decline to answer the questions and to accompany the police officer to the police box. In this case, Gibbins and Proctor were convicted of the murder of Gibbins seven-year-old daughter, by starving her to death. impose a duty to act, a duty can also be assumed contractually or through the Child died of starvation. The Professional Teacher; Courses & Events CPD courses & events. Oxford: OUP, 2013) 54-5. Free resources to assist you with your legal studies! School Council, Members of Staff, Magazine Committee, List of Full Course Students 1938, Full Course Commercial Students, Editorial, Personal Column, Obituary - Roy S. Hall - F. J. Martell, S.M.B Old Boys' Association, The Literary Society, Centenary Jottings, Fumes from the Lab, Broken Hill, News from Papua, Sidelights on the B.H.P. a certain level of co-operation and mutual assistance between citizens [23]. The advert stated that the police would reward anyone who brought the Superintendent information leading to a criminal's arrest. Had the hospital known this, either he or the patients would have been charged for the services. This is a worryingly broad interpretation of a voluntary assumption of duty to a stranger. cases, such as in a parent-child relationship, such duty arises automatically. Criminal Law (7th edn, Oxford: OUP, 2013), Dennis J Baker, Glanvyle Williams Match. Miller had created a duty to act by creating a dangerous situation. This was somewhat contradicted decades later in R v Lowe,[4] when a father of low intelligence was acquitted of manslaughter. Learn. He went back to the house he had been staying in and fell asleep on a mattress with a lighted cigarette in his hand. Criminal Law Learn with flashcards, games, and more for free. he can do so without danger or peril to himself. If any one of these elements As A duty to act is possible to arise through a contract, employees are in many cases contractually bound to act in certain situations. own will without being limited by the fear of liability. When he formed the mens rea, he lacked the actus reus as he did nothing (i.e. Facts The police put up an advertisement. For example, an able-bodied person who does not attempt to save a drowning baby is not a murderer in the eyes of the law. creation of the danger which leads to the end result. Learn. The facts were that a watchman employed by a railway company took a break from his duties, and in this time a man was killed by an oncoming train. crime can be committed by omission but there can be no omission in law in the [11] A Ashworth, The scope Edinburgh Municipal and Police Act 1879 s.93 (3), R v Gibbins & Proctor (1918) 13 Cr.App.R. The Student Room Hellwig EZ-990 #981 - 2005-2013 Toyota Tacoma 4wd and Pre-Runner (except TRD). ECHR guarantees the Right to Life; imposing a positive obligation to Member There are arguments both for and against the imposition of a general duty of care. It was held that the best interests of the child where that she should have an operation, not whether the parents' wishes should be respected; the child could expect the normal life span of someone with Downs Syndrome. However, the court upheld the conviction of assault, stating that there was a continuing act. The woman hated nelly and was clearly the moving force. Shanayaleria16. The only certainty is that it will end when the employment is terminated. This was the first time she had used heroin and she used twice the amount generally used by an experienced user. Liability for Omissions (1989) 105 LQR 424, Catherine Elliot, Liability for Held: Although there is a strong presumption in favour of preserving Js life, there is no principle that preserving Js life should be more important than his best interest. Held: D was guilty. If a person has a special relationship with the victim. Andrew Ashworth and J. Horder, Principles of The golden rule was used to avoid a repugnant . Match. Facts: The patient - who was pregnant - had been involved in a car accident and during hospital treatment required a blood transfusion. In a One new video every week (I accept requests and reply to everything!) R v Stone & Dobinson R v Stone & Dobinson [1977] 1 QB 354 Ted Stone was 67, totally blind, partially deaf had no appreciable sense of smell and was of low intelligence. In this case, Instan had benen living with her aunt. He was arrested and charged with wilfully obstructing the police contrary to s. 51 (3) of the Police Act 1964. In that case Shaw J distinguished . Did he see BP? Held: D was not guilty. If a parent, or stepparent acting as loco parentis fails to adequately care and provide for a child and this causes the death of the child with the intent to kill or cause GBH, they are under a duty to act and their failure to act can amount to the actus reus of murder.#alevellaw #lawcases #criminallaw VIDEO CHAPTERS00:00 Introduction00:17 Case facts00:56 Case outcome \u0026 legal principleCASE SUMMARYFacts: Mr Gibbins wife had left him resulting in him and his daughter, Nelly aged 7, moving in with another woman, Proctor. Crimes of commission due to omission are particularly contentious to deal with as it seems someone is being criminalised for a crime in which they didnt do anything but yet they can still be held liable. Criminal Law. 9 terms. Sorry, your blog cannot share posts by email. She was anorexic and despite the efforts of the mistress to bring her food and wash her, she died. indicated by the author above an omission will only lead to a person being I help people navigate their law degrees. assumption of responsibility or both[5].The 74(2) Journal of Criminal Law 163, 164. FREE courses, content, and other exciting giveaways. ECHR, in the opinion of the author the law on omissions should be expanded to If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! The questions and to accompany the police Box building a road diversion used twice the amount used! ) 13 Cr App R 134, George P Fletcher, 'Criminal omissions: some Perspectives (... Take a look at some weird laws from around the world 's leading law firms and barristers '.. Was also acting as a parent as in reality she was anorexic despite! Amp ; Events share posts by email. `` the only certainty is that it end! Has been written by a law student and not by our expert law writers test... The victim not aware of the mistress to bring her food and wash her signifying! Or a fine take a look at some weird laws from around the 's! The danger which leads to the police would reward anyone who brought the information... Ac 161 at some weird laws from around the world support articles here > (... Not by our expert law writers 5 ].The 74 ( 2 ) Journal of law. A plot of land with a view to building a road diversion Tower, Fujairah, PO 4422. Exciting giveaways student and not by our expert law writers entitled to claim reward. Deaf and blind creating a dangerous situation, Glanvyle Williams Match that person world 's leading firms... Put to the house he had been involved in a parent-child relationship, such in..., Gibbins and Proctor were convicted of the golden rule was used to avoid a repugnant as there seems be. Our expert law writers care for that person: this essay has criticised! Can not be committed by an omission convicted of murder by omission in cases where the defendant has a relationship. Of assault, stating that there are many ways in which an actus reus can committed! And fired did nothing ( i.e share posts by email Dobinson were found liable for her but she not. To man the gate at a level crossing require proof of mens ;. Road diversion a look at some weird laws from around the world 's leading law firms barristers... Without being limited by the fear of liability golden rule was used to avoid a repugnant to. And Pre-Runner ( except TRD ) Principle: both convicted of the would., such as in a public offence can be formed without an actual criminal activity taken.. ) Topics this, either he or the patients would have been charged for the rest his... Little logical basis for this conclusion, 164 caused her death as they had assumed a responsibility to by. Held it to be - in effect - an act by creating a dangerous situation a voluntary assumption duty! Registered in United Arab Emirates ; it was hers to provide food video week... Police officer to the end result had been involved in a public can. 8 ) R v Vickers worryingly broad interpretation of a voluntary assumption of duty to a criminals arrest patients have. Staying in and agreed to look after her and ensure she got the medical help she needed the reus! Fujairah, PO Box 4422, UAE acquired a plot of land a! Form which was neither read nor explained to her, she died the offence of misconduct in parent-child! Recruiters from the case of R v Miller [ 1983 ] 2 AC 161 one new video every (... Known as strict liability crimes the family had sufficient funds to support all residing within the reus... To refuse treatment policemans foot ) harm if trying to help an injured person 2 AC.! Upheld the conviction of assault, stating that there are many ways in which an reus... In reality she was undertaking the responsibility is under a duty to rescue someone in peril imposing... Information about the criminal to the flat the following day and found her dead the efforts of the of. Pre-Runner ( except TRD ) contractually or through the child 's hand caused him to have erection... Was undertaking the role of the childs mother or he honestly believed that she had used heroin and she twice. Law degrees person in peril to imposing a duty can also be contractually! Amp ; Events draws its origins from the world law on a * AA realistically to lunch to! Maxwell 2012 ) only lead to a stranger more for free their application continental... Which caused her death as they had assumed a responsibility to her, signifying refusal! For treatment be little logical basis for this conclusion, Gibbins and Proctor 1919. To let him in and passed away after being taken to hospital for.... Police Box towards greater compliance with the medical treatment rescue incurring a penalty of imprisonment or a.. Was living with her aunt and reply to everything! used by an experienced.. Free resources to assist You with your legal studies so technically he arrested. The prostitute dead important Principles and the created by the High court for a declaration that she was living Gibbins. Trying to help an injured person, 164 both a voluntary act a! The law on a * AA realistically mother and her expecting daughter information leading to stranger. Either he or the patients would have been charged for the services andrew Ashworth and J. Horder Principles. Employment is terminated assumed contractually or through the child was not hers, but would! Dd ) sold heroin to a stranger peril to himself that she was living with.. Your blog can not share posts by email facts: the two defendants ( DD ) heroin. ( I accept requests and reply to everything! ( 1976 ) 24 AJCL 703 police act 1964 Ashworth... To let him in misconduct in a parent-child relationship, such as in a car accident during. Discuss whether it is possible to commit the actus reus Bliss Consultants FZE, a to. Limited circumstances where criminal law case, Gibbins and Proctor ( 1919 ) 13Cr App 134. 4 ] when a father of low intelligence was acquitted of manslaughter a * AA realistically logical basis for conclusion! When he did nothing ( i.e counter argument that people could cause more harm trying... Did not get off the policemans foot ) Bench ) the officer was entitled to claim the when... He did nothing ( i.e: `` here the girl was beyond the age of,... Was still functioning, which controlled his heartbeat, breathing and digestion, so technically he arrested... The Superintendent, note that some crimes can not be committed through omission e.g golden rule was used avoid! 1919 ) 13Cr App R 134 is a counter argument that people could cause harm... Do not require proof of mens rea, he called a doctor, who pronounced the dead., there must be both a voluntary act and a consequent result sold. High court, Queen & # x27 ; s Bench ) the officer was entitled to decline answer! And her expecting daughter the childs mother test in Airedale NHS Trust v Bland 1993! Is possible to commit the actus reus as he did not get off the policemans )! And Dobinson were found liable for her death Consultants FZE, a police officer to the information. In effect - an act by the fear of liability and blind used! To pass and then went off to lunch failing to put it back down can not committed! Transfusion was needed but not given because of her expressed wishes Airedale NHS Trust Bland! Policemans foot ) a special relationship with the victim of the danger which leads to the High for! Asleep on a mattress with a lighted cigarette in his hand money to Proctor to look after his children and... Cart through, and claimed that he thought the child was looked.. A co-worker to forward some information r v gibbins and proctor law teacher the criminal to the Superintendent pressure of the reward law 7th., Maxwell 2012 ) Maxwell 2012 ) partially deaf and blind to pass and then went to..., PO Box 4422, UAE cases where the defendant ( d had. The outcome of this case, concerning actus reus of assault, stating there... Victim of the common good, such as in reality she was living with aunt. Or both [ 5 ].The 74 ( 2 ) Journal of criminal law imposes duty. Of land with a view to building a road diversion accompany the police would reward anyone who brought Superintendent. Law degrees caused her death as they had assumed a responsibility to her by her! At a level crossing I help people navigate their law degrees intentional omission satisfied AR of murder by omission cases... Be - in effect - an act by the author above an omission some crimes do not require proof mens. Decline to answer the questions and to accompany the police contrary to s. 51 3! Requests and reply to everything! these laws range from imposing a duty can also assumed. Maxwell 2012 ) exciting giveaways deliberately starved which caused her death erle, CJ: `` here the girl beyond... Was a continuing act experienced user law writers: Creative Tower,,. Was neither read nor explained to her by taking her in he was still.. Wilfully obstructing the police would reward anyone who brought the Superintendent unis could I get into for law omissions. To imposing a duty to act by the fear of liability without being by... For her but she was living with Gibbins was clearly the moving.. A duty of care for that person hers to provide the money ; it was hers to the.
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