haystead v chief constable of derbyshire

By then you will have drafted it and we will consider whether or not to certify (a) and (b) to give you leave. 19. WebEx: Haystead v. Chief constable of Derbyshire (2000) The defendant struck W in the face, with the result that the baby that she was carrying fell to the floor. Scan this QR code to download the app now. I take it the square brackets are there to indicate possible options. Judgement for the case Haystead v Chief constable of Derbyshire The defendant punched a woman holding a child, causing her to drop the child and thereby cause it damage. LORD JUSTICE LAWS: This is an appeal by way of Case Stated against the appellant's conviction LORD JUSTICE LAWS: We will certify in those terms, but refuse leave. The crucial question is, what is meant by the application of force in the context of the offence of battery? Contains public sector information licensed under the Open Justice Licence v1.0. MR HEAD: My Lord, certainly. Held: The appeal failed. All the offences were said to have happened on 26th April 1999. MR KING: My Lord, in general, no. Free resources to assist you with your legal studies! Gas escaped. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. 32. ID Card. 21 Ex: Scott v. Shepherd. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. He declined to give evidence and was convicted of the second charge against the child having, as I have made clear, pleaded guilty to the other two charges. Institute of Advanced Legal Studies The Justices dismissed the charge, but this Court, upon the prosecutor's appeal by way of Case Stated, directed a conviction, holding that on the Justices' findings: 24. WebHaystead v chief Constable of Derbyshire 2000 The defendant caused a child to fall to the floor by punching the person holding the child An example of how a battery can be The basis of the submission of no case was essentially the same as the basis of the Appellant's appeal to this court. Since its establishment in 1984, the Police Memorial Trust has erected 50 memorials nationally to some of those officers. 67. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim. MR HEAD: Yes. 38. He wanted to test the reaction of the acid with toilet paper, but then he heard footsteps outside. LORD JUSTICE LAWS: Foreseeability has nothing to do with the actus reus it only has to do with the mens rea, so it should not be there. WebJOHN ANDREW HAYSTEAD V CHIEF CONSTABLE OF DERBYSHIRE (2000) | Lccsa. About Membership. LORD JUSTICE LAWS: Speaking for myself, I think you would be better of using the word "force" because "violence" might just be thought to beg some questions. MR HEAD: My Lord, if manuscript is acceptable I will do it right now, but if typescript is preferred, I will do it in an hour. 63. The force covers an area of over 1,000 square miles (3,000km2) with a population of just under one million.[4]. The management board, responsible for the strategic direction of the Derby Constabulary, is chaired by the Chief Constable and comprises the Deputy Chief Constable, Assistant Chief Constables for Operational Support, Criminal Justice, Crime and Policing, and Director of Finance & Business Services. His conduct was . MR K.S. Derbyshire Constabulary is the territorial police force responsible for policing the county of Derbyshire, England. The Ops Divisions HQ at Wyatts Way Ripley (adjacent to force Headquarters) is now the home of Operational Support Division which encompasses the Road Policing Unit (with bases at Cotton Lane in Derby, Beetwell Street in Chesterfield and Chapel-en-le-Frith), ARU (Armed Response Unit), Dog Section, Uniform Task Force and Road Policing Support (Collision Investigators). Since the introduction of the Police Reform and Social Responsibility Act 2011 the Derbyshire Police and Crime Commissioner (PCC) is now responsible for tasks that were once completed by the Police Authority. In November 2012, Alan Charles was elected as PCC for a four-year term. MR HEAD: I am grateful. He was charged with an offence of assault on the baby and liable for battery on W. In this case the doctrine of transferred intent has not been applied. (3)Haysteadv Chief Constable of The Magistrates set out their finding in paragraph 2 of the Case, which reads as follows: 6. In Nottingham, for example----. The draft case as I understand it was prepared late, owing to the absence from the office of the responsible Justices' clerk. In support of the position he takes, he has cited the recent decision in their Lordships' House of R -v- Ireland (1998) AC 147. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Another boy went to the lavatory to wash his hands, turned on the dryer and the acid was injected into his face, leaving him permanently scarred. . A direct application of force could be applied through a medium that is controlled through the actions of a person and does not require a direct infliction of physical contact with the victims body. Mr Head for the appellant submits that there is a mismatch between the opening words of that paragraph "reporting respondent's concession" and the last sentence. Case Summary The Case Stated shows that upon the way to doing so, they considered two questions: (i) was it shown that the Appellant was reckless in relation to the injury to the child? and our The Police Roll of Honour Trust and Police Memorial Trust list and commemorate all British police officers killed in the line of duty. Facts. 34. S 39 of the Criminal Justice Act 1988 prohibits common assault and battery. Haystead v Chief Constable of Derbyshire [2000] EWHC QB 181 (12 May 2000) Hayter v Fahie [2008] EWCA Civ 593 (06 May 2008) Hayter v First Secretary of State & Anor [2003] EWHC 258 (Admin) (21 February 2003) Hayter, R v [2003] EWCA Crim 1048 (16 April 2003) Hayter, R. v [2021] EWCA Crim 1562 (12 October 2021) In the first the alleged victim was Angela Wright, a young woman with whom he had been involved in a sexual relationship. 61. -two pellets hit a 7 year old girl LORD JUSTICE LAWS: I think that is right. The police constable jumped onto the car, but fell off and was killed by another oncoming car after S violently swerved the car. The appellant's submission is summarised by Mr Head in paragraph 9 of his skeleton argument: 17. What proportion of homes heating with gas had a gas bill between $497\$ 497$497 and $537\$ 537$537 ? 5SAH Webinar EncroChat- Practical Steps for a Defence Lawyer what do we know so far? In fact the appellant faced three charges of assault by beating. Although the appellant had punched the complainant and not the child that she had been holding, the punches had caused the child to be dropped and therefore the magistrates had been entitled to find the appellant guilty of assaulting the child by beating. Ms N Clark and Mrs M Bell v Chief Constable of Derbyshire Constabulary and Chief Constable of West Midlands Police and Secretary of State for the Home Department (England and Wales : Disability Discrimination) Header page RESERVED CASE NOs: 2603987/2020 and 1300244/2021 EMPLOYMENT TRIBUNALS at a Preliminary Hearing 18. 890 by Lawprof Team Key points Battery does not require direct application of force on the victim either through physical contact or a She drops the child who is injured and the courts say that the battery did not require direct infliction of violence. MR HEAD: I do not know whether the word "force" or "violence" commends itself to you? Show that the properties of a probability distribution for a discrete random variable are satisfied. Two police officers saw two women apparently soliciting for the purposes of prostitution. In a panic he poured the acid, or what remained of it, into the upturned nozzle of the drying machine that was there in the lavatory, and he went back to the class. I will re-draft that and lodge it. Mr Head's submission is that it is implicit in that passage that battery is limited to the direct application of force. contains alphabet). 46. Language links are at the top of the page across from the title. In 1965, the force had an establishment of 852 and an actual strength of 775. In other areas it varies. To police the county the force is divided into two territorial divisions, based respectively in the towns of Buxton and Chesterfield (North Division - covering High Peak and Derbyshire Dales District Council areas, Chesterfield, NE Derbyshire, Amber Valley and Bolsover and the villages of South Normanton and Pinxton which lie within the boundaries of Bolsover District Council), and Derby ( South Division - policing the city of Derby and the districts of Erewash, Long Eaton and South Derbyshire). Whether reckless battery requires the direct physical application of force on the victim. 55. It is difficult to see how there is coincidence of the two. *You can also browse our support articles here >. The case is concerned entirely with the proper meaning of "battery" within the context here of a common assault by beating. Issue 3. WebMichael v Chief Constable of South Wales , the Supreme Court maintained that previous duty situations should be the focus and that the three-stage Caparo test is only applicable in novel cases. The next table gives the probability distribution for xxx, the number of "apps" used at least once a week by cell phone owners who have downloaded an "app" to their phone. I have already said there is no challenge to that. England and Wales High Court (Queen's Bench Division). I repeat Mr Head's submission for convenience: a direct application of force requires the assailant to have had direct physical contract with the complainant either through his body, for example by a punch, or through a medium controlled by his action, for example a weapon. 7. WebIn DPP v Taylor, DPP v Little, [6] it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. 59. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. LORD JUSTICE LAWS: Just on a belt and brace basis, let there be a manuscript copy delivered to the associate now, but perhaps you would be good enough to send a typescript in later in the day, signed by both counsel. LORD JUSTICE LAWS: If he was prosecuted for assault occasioning actual bodily harm, exactly the same points of law would arise, just as it is a more serious offence than common assault. Martin was convicted of an offence under s20 offences against a person act 1862. It is accepted that the meaning of battery is correctly given in the current edition of Archbold, paragraph 19/166A: 12. . 70. Although the charge referred to section 39, in truth, common assault by beating remains a common law offence. There was no difference in principle between the use of a weapon to hit the child, and causing the injury through the mother. The force was sufficient to cause her to drop the child causing injury to the child. The force has an authorised establishment of 1,827 police officers,[6] 350 special constables and 104 Police Community Support Officers (PCSOs)[7]. About. It is to this question that the appeal is directed. The victim interpreted the last two letters as clear threats. WebHaystead v Chief constable of Derbyshire [2000] 3 All ER 890: Assault and battery Cases: Ireland and Burstow [1997] 3 WLR 534: Assault and battery Cases: DPP v Little [1992] 95 [10], 1898unknown: Capt. In-house law team. The defendant had hit a mother in the face as she held the child. MR JUSTICE SILBER: I think the second part is merely an example of the problem. Tesco Supermarkets Ltd v Nattrass (BAILII: Troughton v Metropolitan Police [1987] Crim LR 138, Winzar v Chief Constable of Kent; The Times; 28 March 1983. She was convicted of assaulting an officer but appealed against this convincing and claimed the officer was not acting in the execution of his duty but was acting unlawfully by holding her arm as he was not arresting her nor attempting to do so, the court held that the officer had committed a battery and the defendant was entitled to free herself. Cited Regina v Wilson (Clarence); Regina v Jenkins HL 1983 The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. Do you have a 2:1 degree or higher? 54. Tel: 0795 457 9992, or email david@swarb.co.uk, Wyeth-Price, Regina (on The Application of) v Guildford Borough Council: Admn 8 Dec 2020, In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999, Regina v Wilson (Clarence); Regina v Jenkins, 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 28th Oct 2021 (ii) Did the facts disclose a battery properly so called? Assault, along with Battery are common law offences. For my part, your Lordships might feel that simply deleting the second "whether" is sufficient, because the issue was crystallised in the first part of the draft question. I should add, perhaps it is plain already, that in putting forward the question in that way the Magistrates were not, as I understand it, proposing that this Court should examine their finding as to recklessness. My Lord, the other matter and one with which I would approach with great deference I would approach is the question of leave to appeal. 75. We will come back at 12.10 p.m. and consider that form of words. (1) The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises. Committee. The defendant entered a private garden at night and looked through the bedroom window of the victim, she was terrified and thought that he would enter the room, Haystead v chief Constable of Derbyshire 2000, The defendant caused a child to fall to the floor by punching the person holding the child, The defendant put acid into a hand dryer so the next person to use the hand dryer would be sprayed by acid, Fagan v metropolitan police commissioner 1968, Fagan accidently parked his car on a policemans foot. The man was convicted of an offence of assault by beating of the child. None. 23. -common assault is defined as 'any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence', -later definition is 'an act which causes another person to apprehend the infliction of immediate unlawful force on his person', Haystead v Chief Constable of Derbyshire (2000), Smith v Chief Superintendent, Woking Police Station (1983), -D had frightened a woman by looking through the window of her ground floor room at 11pm, -D had written the victim 800 letters and had made a number of phone calls, -overruled in Ireland (1997) saying that - the proposition that words could never amount to an assault was both unrealistic and indefensible, -D placed one hand on his sword and said "If it were not assize time, I would not take such language from you", -accused was holding a shovel over his wife's head and at the same time stated "Were it not for the bloody policeman outside, I would split your head open", -defined the mens rea as an intention to cause the victim to apprehend immediate and unlawful violence, or recklessness whether such apprehension be caused In November 2012, Alan Charles was elected as PCC for a four-year term. WebCriminal Law autonomous, bloof transfusion, but for, causation, cheshire 1991, consequence, criminal law, defences, defendant, drugs, eggshell, factual causation, forseeability, free, haystead v chief constable of derbyshire 2000, heroin, informed, introduction, jehovah's witness, lack of capacity, lack of mens rea, legal duty, liability, LORD JUSTICE LAWS: The other thing than occurs to me - I am not indicating that we are going to certify, you follow, but just for the purpose of drafting, whether you want to in some way incorporate the words of your submission in paragraph 9 which I thought, for my part, if I may say so, had the virtue of clarity. MR JUSTICE SILBER: You could put in brackets "whether by his body or through a medium such as a weapon". 47. Get 2 points on providing a valid reason for the above Can you make sure that an agreed draft in the form we have now discussed is lodged with the Court. 37. 71. He was convicted of battery to the child and appealed, but his appeal was dismissed. Click here to remove this judgment from your profile. As a direct result of the two punches, the child fell from the womens arms and hit his head on the floor. The Court stipulated that the only difference between the mans actions causing the baby to fall from his mothers hands and his punching of the baby directly is that, in the present case, the charge is of reckless and not intentional battery. Times 02-Jun-2000, [2000] EWHC QB 181, [2000] COD 288, (2000) 164 JP 396, [2000] 2 Cr App Rep 339, [2000] Crim LR 758, [2000] 3 All ER 890if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_7',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Regina v Cunningham CCA 1957 Specific Intention as to Damage Caused(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. LORD JUSTICE LAWS: Is this question agreed by both counsel? 74. Eventually fagan did move the car though he was still found guilty. During an annual heating season, the average gas bill for customers in a New England community heating their homes with gas was $457\$ 457$457. None. 52. Mr Head was not constrained to say that the case was wrongly decided. After the police officer pointed this out fagan refused to move the car for a brief period of time after the police officer had asked several times. 44. WebTo punch a woman carrying a child, causing her to drop the child with the consequence of the child hitting head on the ground is to commit a DIRECT act against the child for battery (Haystead v Chief Constable of Derbyshire) Scott v Shepherd (1773) (squib thrown in market direct) -case also confirmed that Cunningham recklessness is required for offences against the person, -also established that either intention or recklessness would suffice for these types of offences, -intention - 'a decision to bring aboutthe commission of the offence, no matter whether the accused desired that consequence of his act or not', -D fired shots with an air pistol from his flat I was not sure whether to use the word "force" or "violence" and secondly, whether, for this purpose, "foreseeably", which I think everyone has worked on the basis of needs to be in there. WebHaystead v Chief Constable of Derbyshire (BAILII: [2000] 3 All ER 890DC [2000] 2 Cr App R 339, [2000] EWHC QB 181, [2000] 3 All ER 890 Hill v Baxter [1958] 1 QB 277(ICLR) Hinks I merely mention that in order to indicate that if there is any procedural defect in relation to the consent order, I would make the consent order as sought. Describe the managerial accountant's role in the decision-making process. Battery does not require direct application of force on the victim either through physical contact or a medium, The medium can be a person other than the victim, D punched a woman who was holding her baby, this caused the woman to drop the baby onto the floor, D was convicted of an offence of battery on the baby, D appealed on the basis that battery requires a direct application of force which involved direct physical contact with the victim or through a medium controlled by D such as a weapon, As a general point, battery did not require the direct application of force, In this case the application of force was through the mother as a medium, the mother dropped the baby as result of Ds punch, No distinction could be drawn between using the mother or a weapon as the relevant medium save that the latter involved intention and the former recklessness. . He took with him, very foolishly, a boiling tube of concentrated acid. Mr Head relies, in particular, on a passage from the speech of Lord Steyn at page 161E to G. Lord Steyn said: 20. LORD JUSTICE LAWS: I am not indicating any view at all. A battery could be inflicted even though the force actually used was used only indirectly. Lord Roskill at 259E referred to the decision of the Supreme Court of Victoria in R -v- Salisbury [1976] VR 452 and cited a passage from that decision at 259G in the House of Lords report as follows: 26. 39. Whether reckless battery requires the direct physical application of force on the victim. Held: Byrne J said: We . This was a case under section 20 of the Offences against the Person Act 1961. The practice varies from authority to authority and from county to county. Oxbridge Notes is operated by Break Even LLC. For a Person to be Convicted of an Offence. Assuming a normal distribution and a standard deviation of $80\$ 80$80 : b. WebHaystead v Chief Constable Of Derbyshire (2000) High Court Queen's Bench Division. The defendant had written 800 letters and made a number of phone calls to the victim. MR KING: This has focused attention on the precise meaning of the word "battery". The defendant accidentally set fire to his mattress but failed to do anything to prevent damage to the building in which he was sleeping, he was convicted of arson, however if there was other people in the room and Miller had not awakened them to warn them of the danger and one of them had been hit from plaster falling from the ceiling as a result of the fire then there would be no reason as to why Miller could not have been charged with battery. Mr King for the respondent prosecutor put in a short skeleton argument submitting that on the facts this was a case of transferred malice. In just two (a) years, (b) year's, (c) years' time, Kaitlin earned her associate's degree. 33. The law lords held that getting himself intoxicated by drink and drugs was a reckless course of conduct and recklessness is enough to constitute the necessary men's rea in assault cases. WebFacts Jim Smith (S) was ordered by a police constable to stop his car which contained stolen goods, however S accelerated instead. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Members. (2)Wilsonv Pringle(1987). 22. Here the movement of Miss Wright whereby she lost hold of the child was entirely and immediately the result of the appellant's action in punching her. Since 1828 the following officers of Derbyshire Constabulary were killed while attempting to prevent or stop a crime in progress:[14]. 85. 35. 40. The defendant had consumed large quantities of alcohol and drugs and then attacked people in a public house and also the police officers who tried to arrest him. Under these proposals Derbyshire would have merged with nearby forces to create an 'East Midlands Police'. 66. In those circumstances, in view of the previous authorities, I venture to submit that it would be proper for the consideration of the Court of Appeal. 76. MR HEAD: Perhaps, without interrupting your Lordships, the phrase "direct physical contact". The mens rea of battery is the intentionally or recklessly apply unlawful force without consent. -COA quashed conviction stating that the courts have consistently held that the mens rea for offences against the person is both actual intent and recklessness, -defined as 'the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it', Fundamentals of Financial Management, Concise Edition, Service Management: Operations, Strategy, and Information Technology, David R. Anderson, Dennis J. Sweeney, James J Cochran, Jeffrey D. Camm, Thomas A. Williams. This article analyses these cases in order to fulfil two purposes. It is not necessary to read the subparagraphs which deal with that. His Majesty's Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) conducts a periodic police effectiveness, efficiency and legitimacy (PEEL) inspection of each police service's performance. Indeed I have not put in the words deliberately or recklessly. The case is quite a celebrated one. Bratty v Attorney General of Northern Ireland (BAILII: Collins v Wilcock (1984) 79 Cr App R 229; Commissioner of Police v Caldwell (BAILII: Dip Kau v Chief Constable of Hampshire [1981] 2 All ER 430; Frankland & Anor v R. (Isle of Man) (BAILII: Gibbins & Proctor (1918) 13 Cr App R 134 (CA). -D had not thought nor realised that there were any people in the area 80. WebChief Constable Rachel Swann has been a police officer for more than 28 years, joining Leicestershire Police after she graduated from Loughborough University, with both an (1)Rv Logdon(1976) and Smithv Superintendent of Woking Police(1983). MR HEAD: It conceivably might be narrower, which I do not intend to argue it should be. The words "application of unlawful violence" is rather ponderous, and if it were replaced by a single or perhaps two words "unlawful contact" that would (a) shorten things which is always a virtue and (b) might perhaps meet my Lord Laws LJ's points. The fundamental principle established in Salomon in relation to single companies was applied in the context of a group of companies by the Court of Appeal in the case under discussion in this paper, Adams v Cape Industries plc (1990). Statutory interpretation is process of interpreting statutes by the judges. WebHaystead v Chief Constable of Derbyshire (2000) -held that it is a common law offence Logdon v DPP (1976) -the threat needs to be immediate -D committed an assault by Before making any decision, you must read the full case report and take professional advice as appropriate. However the children's act 2004 now means that a battery committed in a child is not lawful is it results in any injury.

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