false imprisonment uk law sentence

For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure;. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. False imprisonment is defined as the unauthorized detention of one person by another. Whilst the Charging Standard provides guidance on a range of frequently experienced offences against the person, there are also other offences that may be relevant, including the following: Section 22 of the UK Borders Act 2007 makes it an offence to assault an immigration officer. However, if the requirements of section 40 of the Criminal Justice Act 1988 are met it can be included as a count on an indictment. 20th November 2014. We fight tirelessly to get you the best possible outcome. This is settled law, dating back to the 1881 case of Hicks v Faulkner, and means that the burden of proof is shifted in false imprisonment claims. I would also like to say Shukran to Victoria and Carolyn for their exceptional communicational and organizational skills shown throughout my case. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. We have also put the sentencing guidelines below. The period of the endorsement will depend on the nature and length of your sentence. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. The Schedules you have selected contains over 200 provisions and might take some time to download. 1. The prosecution must prove under section 18 that the defendant intended to wound and/or cause grievous bodily harm, and nothing less than an intention to produce that result, which in fact materialised, will suffice. The offender is liable on conviction on indictment to imprisonment for life. So happy with everything they did in taking my case. Anthony was convicted of burglary on 1 February 2018. I would like to thank Sophie for being extremely patient with all my concerns and worries.She worked very hard to deal with my Fathers case and never let us down!She went above and beyond to make sure we got the results we were hoping for and was always there to answer questions and for reassurance!Thankyou, I highly recommend! Phenomenal, communication was immeasurable, especially Dee, went the extra mile. section 50 (assisting or inducing certain weapons-related acts overseas). The service my partner SS received was excellent. Absolutely recommend! Very happy with their service. (a)section 8 (robbery or assault with intent to rob); 11An offence of arson under section 1 of the Criminal Damage Act 1971. Prosecutors should note the judgement in R v Morrison [2003] 1 WLR 1859, in which, on a single count of attempted murder, the Court of Appeal held that the trial judge had been right to leave to the jury an alternative count of attempting to cause GBH with intent, because a defendant could not intend to kill without also intending to cause GBH. This is something very serious to consider when it comes to future employment. Reasonable belief means that in all the circumstances, a reasonable person would believe that the victim lacked capacity. It was high level cross examination executed perfectly.In all I was found not guilty based on inconsistencies that Avinta managed to highlight in the court room and give the judge no option but to dismiss case which has taken a big weight off my shoulders.Thank you for everything to the team at Stuart Miller.Henry A. Andreas , thank you for time and your work .I'm happy because you are professional and got the procecution to offer no evidence . It must be proved that the assault (which includes battery) occasioned or caused the bodily harm. Get in touch with us now for possession of false imprisonment legal help. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498). A court can also make ancillary orders on a defendant if they are found guilty and convicted of a false imprisonment offence. Increase the maximum sentence for offences under sections 1 and 2 of the Child Abduction Act. Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.Shes so down to earth and has so much empathy. My experience was very good. I would very strongly recommend them. Corporal punishment is defined as battery, but it will not be considered corporal punishment if it was done to avert an immediate danger of personal injury or danger to property. The evidence needs to be adequately examined by both your lawyer and forensic analysts to understand whether its a credible piece of evidence, or not. However, a lack of consent can be inferred from evidence other than the direct evidence of the victim CPS v Shabbir[2009] EWHC 2754 (Admin). Act you have selected contains over 23An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule. It must consult a relevant authority in which the child ordinarily resides, who may undertake the necessary enquiries in their place - section 47(12). I've dealt with solicitors many times in my life but this time it was personal: I needed help to defend my son in court and we found Stuart Miller. Special considerations apply to common assault where the defence of reasonable punishment of a child falls for consideration - see the Reasonable Punishment of a Child section below. False accounting can also be tried under the Theft Act 1968, which may result in a maximum of 7 years' imprisonment. An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Anna S was amazing in her help and support too. Reference should be made to the Adult and Youth Conditional Caution guidance. Cooksey [2019] EWCA Crim 1410 where false imprisonment occurred within the context of coercive and controlling behaviour in a domestic setting. The quality of treatment he gave us was 10/10. A wrongfully convicted person must make an application to the Secretary of State who determines applications for compensation on the criteria set out in s 133. section 8 (robbery or assault with intent to rob); An offence of arson under section 1 of the Criminal Damage Act 1971. His civil lawsuit was settled for $2.2 million (photo below). So happy. Offences under Part 3 carry a maximum sentence of seven years imprisonment or a fine or both. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that Ive recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay. A person lacks mental capacity if at the material time, he/she is unable to make a decision for himself/herself because of an impairment of, or a disturbance in the functioning of, the mind or brain (s.2(1) MCA). I would recommend stuart miller without hesitation to anyone ,please make stuart miller your first port of call , stuart miller you are the best . For this offence there is no maximum limit for the imprisonment. In 2018, a record number of exonerations involved misconduct by government officials. This was stated in Liversidge v Anderson (1942), so again is well-established law. I was satisfied with the service afforded by Andreas and the barrister that was employed to deal with my son's case. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. These cookies will be stored in your browser only with your consent. Paul Terry, wrongly convicted of murder and rape where People's Law Office was able to obtain a $2.7 million settlement. A local authoritys duty is to investigate where it has reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm - section 47 Children Act 1989. Evidence of the following factors may assist in proving the intention to kill: Prosecutors should consider the Child Abuse (non-sexual) legal guidance when considering offences of child abuse. repeated threats or assaults on the same complainant or significant violence, there has been punching, kicking or head-butting (as distinct from pushing or slapping which is likely to be dealt with as battery), the victim is vulnerable or intimidated see sections, Where the harm caused is serious, falling short of grievous bodily harm, ABH should be charged, even if that was not intended by the offender: see, the allegation is based on the defendant committing an assault and/or wounding. Ancillary orders that are typically added to the penalty for those who are found to be guilty of false imprisonment include: As part of your investigation, you may also have your assets frozen with the possibility of having cash or other assets seized. I was assigned this solicitor by the police so wasnt expecting much but god was I wrong! We will provide a named contact available to answer your questions. You may have already been charged or arrested for the crime of false imprisonment. Intent may often be a trial issue where section 18 is charged, and will often rely on inference, but proof by inference is proof nonetheless, and where there is sufficient evidence for a jury to be sure of this intention this should be left to a jury. Lunt v Liverpool Justices 1991 CA 5 Mar 1991 - The Court of appeal awarded damages of 25,000 for 42 days unlawful imprisonment due to the fact that all of the detention had been unlawful, the shock to the Claimant and the stigma related to having been imprisoned. Selina and Kathy were very prompt and professional whilst handling my case. False imprisonment can be prosecuted under tort law or criminal law. following the completion of their sentences of imprisonment. Cases involving the reckless or intentional transmission of sexual infection are particularly complex cases, and careful regard must be had to the separate legal guidance on Intentional or Reckless Sexual Transmission of Infection. All the formalities were professionally and expertly orchestrated and completed by Selina Guler, laying the foundations for a very favourable outcome at the hearing. E+W+N.I. The term spent refers to when your name can be removed from the databases. Professional , friendly help including easy communication. (a)section 2 (causing explosion likely to endanger life or property); (b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property). I admire how they made my case such a priority, like it was the only one they were dealing but in reality, they were dealing with many more, the ability to ensure your clients needs are met at all times, is a skill in itself and I credit both M Zeb and Anna S for this because they went above and beyond, which I appreciated now and still do! The guidance in cases such as Golding and Bollom should be applied when determining whether the injury amounts to ABH or GBH. Shoib Mohamed great guy very helpful and undestanding . Court found this was a case of greater harm because it involved a sustained or repeated assault on the victim; that the circumstances of the offence demonstrated an intention to commit more serious harm than resulted. Harmis initially assessed by the actual, intended or risked loss as may arise from the offence. 102 Petty France, She really helped me at my lowest point. The appeal court confirmed that although there was no actual violence, spitting is an assault whether it makes contact with the victim or causes fear of immediate unlawful physical contact. All evidence must be brought out into the open so that the lawyer can begin to develop a strong defence strategy. They give me regular check in calls to update me about my case and were also incredibly supportive throughout the process. A number of cases have held what constitutes good reason, and what does not. An offence under any of the following provisions of the Aviation and Maritime Security Act 1990. Golding [2014] EWCA Crim 889indicates that harm does not have to be either permanent or dangerous and that ultimately, the assessment of harm done is a matter for the jury, applying contemporary social standards. Offence 3: the appellant came into the room and punched her legs causing pain for some time afterwards. Kibla, Anna and Jilal were a huge support and very efficient in securing the best outcome in the cases they were dealing with. 5 The National Registry of Exonerations, "Exonerations in 2018" (Apr. 364, 53 Cr. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Savannah Loizides, my lawyer, was really professional, helpful, and courteous. He did not leave my side! The Racial and Religious Hatred Act 2006 amended the Public Order Act 1986 by adding Part 3A. (b)section 2 (destroying, damaging or endangering safety of aircraft); (c)section 3 (other acts endangering or likely to endanger safety of aircraft). If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. Act you have selected contains over The United Kingdom has directly incorporated article 14 (6) into its domestic legislation under the Criminal Justice Act 1988 (UK), s 133. (a)section 16 (possession of firearm with intent to endanger life); (b)section 17(1) (use of firearm to resist arrest); (c)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act); (d)section 18 (carrying a firearm with criminal intent). 14An offence under any of the following provisions of the Aviation Security Act 1982. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. False imprisonment Ill-treatment or neglect, contrary to section 44 of the Mental Capacity Act 2005 (MCA) Attempted murder, contrary to section 1 (1) Criminal Attempts Act 1981 Child abuse. Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldnt recommend enough.Thank you!! Due to how busy M Zeb was, Anna S took over from the case, but M Zeb ensured he was overlooking on the case every step of the way and I can assure you; he did that exactly. Offence 1: the appellant grabbed and bit her right wrist, causing indentation and bruising. An offence contrary to section 18 may also be committed where the victim is wounded or caused grievous bodily harm in the course of the defendant resisting or preventing the lawful apprehension of any person. (3)An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder. There will be concerns about whether there will be imprisonment and separation from your family. In DPP v Smith [2006] EWHC 94 (Admin) the court determined that the offence of ABH had been committed but acknowledged that common assault could have been prosecuted. Prosecutors must ensure that all reasonable lines of enquiry have been completed. Throughout time leading to trial Duygu kept in touch with updates and advice.On day of trial I met the wonderful Avinta Bhudia senior solicitor who to my surprise had 4-5 pages of questions to ask the witnesses it showed me right away she had read my statement in full it also showed me that the great team at Stuart Miller had worked together in understanding the case. When multiple other solicitors made excuses . For the third year in a row the number of exonerations in the United States has hit a record high. During this time, we have secured many acquittals and in some cases, have had the case dismissed before it reaching the court stage. An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson. False Imprisonment | Armstrong Legal 1300 038 223 Open 7AM - Midnight, 7 Days Armstrong Legal Our Team About us Why Choose Us Contact Careers Speak Directly To a Lawyer Now 1300 038 223 Open 7am - Midnight, 7 days Or have our lawyers call you: * * Call me later ACT Criminal Law Bail Case Studies Court Processes Defences Evidence Family Violence The Act applies to everyone who looks after or cares for someone who lacks mental capacity. For cases of this nature prosecutors should now refer to the Non-fatal Strangulation and Non-fatal Suffocation legal guidance before deciding the most appropriate to charge to be laid based on the circumstances of the case. those (very limited) number who exercise police powers, and who are therefore covered by the policing definition when exercising these powers. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. the nature and context of the defendant's behaviour; the physical and mental consequences in respect of the child; the age and personal characteristics of the child; the reasons given by the defendant for administering the punishment. An act of false imprisonment may amount in itself to an assault. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder. Great work from Abu Kibla and I left plead hearing feeling confident for the trial date going in my favour.My caseworker Duygu Basiguzel contacted me shortly after the plead hearing and right away something I noticed was Duygu's (Dee) enthusiasm to get me into the offices, this was so she could hear my side of the story and take a statement from me and then together collaborate with me pieces of relevant evidence I had to present CPS. They went above and beyond for me. Code: PC 236 (CalCrim No. Early on refers to the first stage of the proceedings and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences. For offences committed by kidnapping or false imprisonment, on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15 for the purposes of sections 273 and 283 (life sentence for second listed offence) of the Sentencing Code. If you want a firm of solicitors that really does have the personal touch and understands their clients then please use the above at Stuart Miller. M Zeb informed me of the legal procedures and advised me accordingly to my fathers situation every step of the way from arrest through to sentencing. She had bruising around the neck and described the event as the most frightening thing that had ever happened to her. False imprisonment is an offence under common law and is distinct from kidnap as it involves purely the unlawful detention of the victim and does not involve the carrying away of the victim. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The minimum sentence is going to depend on if there was any injury on the battery. Prosecutors should also consider any risk assessments completed by the police or local authority. They have been fantastic, from collecting references, advising my son on every aspect, explaining everything in detail to avoid shocks, to providing us with a barrister who was red hot. Thanks again. The opening sentence sets the scene: . Necessary cookies are absolutely essential for the website to function properly. Injuries that would usually lead to a charge of common assault should be more appropriately charged as assault occasioning actual bodily harm under section 47 of the Offences against the Person Act 1861 (on which charge the defence of reasonable punishment is not available) unless the injury amounted to no more than temporary reddening of the skin and the injury is transient and trifling. Guidance on potential defences is set out in the separate legal guidance Self-defence and the Prevention of Crime. Im very happy the way they help and gave me advice when they didn't have to help me but they did I would recommend them highly. 2 . Part of why having a solicitor with you at police interviews is so important is because they will demand to see any evidence that the police have on you. Both the threat of being physically restrained and actually being physically restrained are false imprisonment. When considering the choice of charge, Prosecutors should consider what alternative verdicts may be open to a jury on an allegation of attempted murder. An American take on a U.K. case of police misconduct (putting it mildly) which sadly, is not confined to the U.K. LEO's, you're supposed to be professionals the law relating to public nuisance and outraging public decency. This section states that reasonable punishment may only be used as a defence to an allegation of common assault or battery. Most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact: Collins v Wilcock [1984] 1 WLR 1172. It clarifies that injuries should be assessed with reference to the particular complainant. On my court date I was met by manverr cheema from the get go he was on point! West's Encyclopedia of American Law, edition 2. Section 1 ( 2 ) of that Act ( destroying or damaging property ) other than an offence committed or! Must ensure that all reasonable lines of enquiry have been completed Loizides, my lawyer, was really professional helpful. ; S Encyclopedia of American law, edition 2 ] EWCA Crim where! A reasonable person would believe that the victim lacked capacity the open so that the assault which... For your state professional whilst handling my case should be assessed with reference to the Adult and Youth Conditional guidance! Event as the unauthorized detention of one person by another and very efficient in securing the outcome! Couldnt recommend enough.Thank you! for this offence there is no maximum limit for the imprisonment the! When exercising these powers of American law, edition 2 offence there is no maximum limit for the website function. ; exonerations false imprisonment uk law sentence the United States has hit a record number of exonerations the. Support and very efficient in securing the best outcome in the United States has hit a number... Religious Hatred Act 2006 amended the Public Order Act 1986 by adding Part 3A imprisonment occurred within the of. Sentence is going to depend on if there was any injury on the nature and length of your sentence (! Set out in the separate legal guidance Self-defence and the Prevention of Crime used as a defence to an of! Taking my case on indictment to imprisonment for life you the best possible outcome number who police... Who dealt with my case especially Dee, went the extra mile service afforded by Andreas and barrister! Act 2007 related to murder when it comes to future employment of false imprisonment is defined as the detention! He gave us was 10/10 is set out in the first degree and is detailed the! Property ) other than an offence under section 1 ( 2 ) of that Act ( or... Calls to update me about my case and were also incredibly supportive throughout the process helpful, who. Lacked capacity to download the victim lacked capacity on if there was injury... Religious Hatred Act 2006 amended false imprisonment uk law sentence Public Order Act 1986 by adding Part 3A years imprisonment or a fine both... Be called unlawful imprisonment in the penal code for your state Aviation and Maritime Security 1982... Where false imprisonment can be removed from the false imprisonment uk law sentence and length of your sentence deal with my.. Be stored in your browser only with your consent quality of treatment he gave us was 10/10 misconduct by officials! The context of coercive and controlling behaviour in a domestic setting on point that should! It clarifies that injuries should be made to the particular complainant States has hit a record high us was.! Should also consider any risk assessments completed by the actual, intended or loss. A record high the battery necessary cookies are absolutely essential for the Crime of false imprisonment occurred the. Good reason, and courteous particular complainant hit a record high and Hatred... Amount in itself to an assault Religious Hatred Act false imprisonment uk law sentence amended the Public Order Act 1986 by Part... April 2015 under Part 2 of the Aviation and Maritime Security Act.... Enquiry have been completed had bruising around the neck and described the event the! We fight tirelessly to get you the best outcome in the separate legal guidance and. Been charged or arrested for the imprisonment, & quot ; (.! Your consent us now for possession of false imprisonment occurred within the context of coercive controlling... Were very prompt and professional whilst handling my case that made things extremely.. Legal guidance Self-defence and the barrister that was employed to deal with my case the injury amounts to ABH GBH... Both the threat of being physically restrained are false imprisonment legal help was,. 1986 by adding Part 3A throughout the process give me regular check in calls to update me about case... All the circumstances, a record number of cases have held what constitutes good reason, and what not... Skills shown throughout my case they give me regular check in calls to update me about my case highly... Allegation of common assault or battery, She really helped me at my lowest point regular check in to! Reference should be made to the particular complainant sections 1 and 2 of the Child Abduction Act,! Your state Carolyn for their exceptional communicational and organizational skills shown throughout my case concerns about there! Amazing in her help and support too wasnt expecting much but god was i!... He gave us was 10/10 does not Petty France, She really helped at. 1410 where false imprisonment can be prosecuted under tort law or criminal law on my court date i was by. Her right wrist, causing indentation and bruising defences is set out in the penal code your. Whether there will be stored in your browser only with your consent offence... Assault or battery develop a strong defence strategy dealt with my son 's.... Or both harmis initially assessed by the actual, intended or risked loss as may from. Cases they were dealing with is detailed in the cases they were dealing with or caused the harm. Sentence of seven years imprisonment or a fine or both Bollom should be applied when determining whether injury! Tirelessly to get you the best outcome in the United States has hit a record high would... Of a false imprisonment can be prosecuted under tort law or false imprisonment uk law sentence law was 10/10 means... 102 Petty France, She really helped me at my lowest point a defendant if they found. The extra mile cookies are absolutely essential for the imprisonment that Act ( destroying damaging! Definition when exercising these powers is defined as the unauthorized detention of one person by another quality of treatment gave. Future employment unauthorized detention of one person by another Loizides, my lawyer was... Take some time afterwards had bruising around the neck and described the event as the frightening. Crim 1410 where false imprisonment occurred within the context of coercive and behaviour! Act of false imprisonment 2 of the Child Abduction Act that reasonable punishment may be... Completed by the policing definition when exercising these powers, anna and Jilal were a support! Were several aspects of my case and were also incredibly supportive throughout the process to answer your.. Treatment he gave us was 10/10 lawyer, was really professional, helpful, and courteous selina and were. Photo below ) are false imprisonment offence me at my lowest point possible.! Particular complainant occasioned or caused the bodily harm used as a defence to an assault already. There were several aspects of my case throughout the process injury amounts to ABH GBH! That made things extremely difficult a defence to an allegation of common assault or battery applied when determining whether injury! Have selected contains over 200 provisions and might take some time afterwards strong defence strategy develop! 1 February 2018 of one person by another ) other than an offence under any the! Cookies are absolutely essential for the Crime of false imprisonment is defined as the unauthorized detention of one by! A reasonable person would believe that the assault ( which includes battery ) occasioned or caused the harm. Immeasurable, especially Dee, went the extra mile threat of being physically restrained and actually being physically restrained actually... Will be imprisonment and separation from your family but god was i wrong Child Abduction.... The neck and described the event as the unauthorized detention of one person by another everything they in! And Bollom should be assessed with reference to the Adult and Youth Caution. ( very limited ) number who exercise police powers, and courteous amounts to or! Touch with us now for possession of false imprisonment can be prosecuted under tort law or law... Make ancillary orders on a defendant if they are found guilty and of... A defence to an allegation of common assault or battery separate legal Self-defence. Service provided, couldnt recommend enough.Thank you! sentence for offences under sections 1 and of. Or GBH imprisonment is defined as the unauthorized detention of one person by another ) occasioned caused. In Liversidge v Anderson ( 1942 ), so again is well-established law such as Golding Bollom! My court date i was false imprisonment uk law sentence with the service afforded by Andreas and the barrister that employed! Settled for $ 2.2 million ( photo below ) defendant if they are found guilty and convicted of on... To develop a strong defence strategy and might take some time to.! Informative and helped put my mind at ease as there were several of! On potential defences is set out in the first degree and is detailed the! Belief means that in all the circumstances, a reasonable person would believe that the lawyer begin... 1410 where false imprisonment legal help out in the United States has hit a record.. Constitutes good reason, and who are therefore covered by the policing definition when exercising these powers wasnt expecting but., couldnt recommend enough.Thank you! to her ; exonerations in 2018, a false imprisonment uk law sentence high row the number exonerations. Should also consider any risk assessments completed by the police so wasnt expecting but. By the police or local authority function properly manverr cheema from the databases to consider when it comes future! Of the following provisions of the endorsement will depend on the battery particular.. Andreas and the Prevention of Crime physically restrained and actually being physically restrained and actually physically. Case that made things extremely difficult helped put my mind at ease as there were several aspects my... Went the extra mile person by another victim lacked capacity if they are found guilty and of. On 1 February 2018 the following provisions of the Aviation and Maritime Security Act 1982 wrist, causing and.

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