Canada's Criminal Code has equivalent provisions covering dangerous driving (see "Canada" section below). ZGNlNjJkMzAxNGU0MTkxNzQxZjI5MjA2NWY5YTBhZTA3ZDcwNmZjNGZkYmZm The presence of aggravating factors or combinations of a small number of determinants of seriousness will increase the starting point within the range. Aaron Guest, 28, killed his passenger, Ben Priest, 23, in a car crash by driving too fast and failing to notice a bend in the road. London At Caddick Davies Motoring Defence Lawyers, we have years of experience defending drivers charged with all manner of motoring offences. 9) How many people in England work in an occupation that requires a special licence e.g. Criminal justice where does the Council fit? Death by dangerous driving is governed by the Road Traffic Act 1988. It is for the court to determine whether an expression of remorse is genuine; where it is, this should be taken into account as personal mitigation. This cookie is set by GDPR Cookie Consent plugin. ZTljNDdjZGNlOWQxMGMxOTM0NTIwNTNhODZiNmI5NDBjZDU0ZjkwYjhlMDc2 Evidence that an offender is normally a careful and conscientious driver, giving direct, positive assistance to a victim and genuine remorse may be taken into account as personal mitigation and may justify a reduction in sentence. If you are unhappy with the sentence that has been handed down, you may be able to appeal it. 22nd May 2018 |, 4th October 2017 |, 8th August 2017 |. These cookies will be stored in your browser only with your consent. Brown, from Dorchester Drive, Portadown, is accused of causing the death of 17-year-old Rachael Lowry by driving dangerously on the Coolmillish Road in Markethill on September 24, 2020. A former US spy has pleaded guilty to causing the death of Harry Dunn by careless driving, following a three-year campaign for justice by the teenager's family. Successful appeal against Driving Disqualification at Luton Crown Court, Case turned around at Aylesbury Crown Court, The Right ResultClient acquitted after re-trial, Speak to someone who can help within 30 minutes*. 20th June 2019 |. Level 1 The most serious offences encompassing driving that involved a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others. N2QzZTdmZTQ0M2M4MzI1MjQ5ZTM3YjYzYjJmYzc0ZTZlNWI1OWI2OGQyYjM5 1) How many people were given driving bans each year since 2011 up to the most recent year available. A fatal road traffic accident is the most serious type of motoring offence. Some common defences include: If you are charged with death by dangerous driving, here is what will happen at court: The victims family may also give a victims impact statement. The best way to avoid getting into legal trouble is to always follow safe driving practices. From all of these causes an underlying cause of death is selected using ICD-10coding rules. The Ministry of Justice may be better placed to assist. These include: By following these simple tips, you can help to keep yourself and others safe on the roads. If you have been charged with this offence, it is important to seek legal advice as soon as possible. Most read in UK. If you are given a custodial sentence, you will be sent to prison immediately. Examples of dangerous driving are: speeding, racing, or driving aggressively This can include speeding, driving under the influence of drugs or alcohol, street racing, and more. All the conditions mentioned on the death certificate are coded using the International Classification of Diseases, Tenth Revision (ICD-10). 1 Offences of dangerous driving. The standard test used by the Court under the Road Traffic Act 1988 is put . In United Kingdom law, dangerous driving is a statutory offence. The Department for Transport may be able to supply this information and can be contacted by email:transport.statistics@dft.gov.uk. If they do not agree with you, the original sentence will stand. M2YxM2MzZTU5ZDdmYTk5MGI0ZjYxMmI2YzE4YmEyY2ViMmNlOTFlYTE3OGVh Death by dangerous driving is governed by the Road Traffic Act 1988. This cookie is set by GDPR Cookie Consent plugin. An example of dangerous driving actions might be: This can sometimes be a complex issue if there was a sequence of events or intervening acts leading to the fatality. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. The definition of the offence of Causing Death by Dangerous Driving is set out by the 1988 Road Traffic Act, which states 'a person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence'. MDc5MGRkMTNkNjczNjFiN2FjNDE1NDExNjRiNjg2NzE4OTFkOWI2NzJmNTJm It is for the court to determine whether an expression of remorse is genuine; where it is, this should be taken into account as personal mitigation. At Caddick Davies, all of our lawyers are experienced in death by dangerous driving cases and have a wealth of knowledge to offer our clients. MDhlMGI5OTc3ZGU2NmEwYmVkNTlkNTVmZGU1ZDUzMzYzMWU5MGNlNWY2NDBj If you would like to request this bespoke dataset, please contacthealth.data@ons.gov.ukto discuss your enquiry further. We would like to use cookies to collect information about how you use ons.gov.uk. Youve accepted all cookies. 3) What is the shortest term commensurate with the seriousness of the offence? Using a hand-held mobile phone when driving is, in itself, an unlawful act; the fact that an offender was avoidably distracted by using a hand-held mobile phone when a causing death by driving offence was committed will always make an offence more serious. For those offences where the presence of alcohol or drugs is not an element of the offence, where there is sufficient evidence of driving impairment attributable to alcohol or drugs, the consumption of alcohol or drugs prior to driving will make an offence more serious. If you are convicted of the offence, dependant on the charge, you are liable to imprisonment for a term not exceeding 14 years, disqualification from driving for a minimum of one year and in some cases, an unlimited fine in addition to a custodial sentence and driving ban. Where more than one person is killed, that will aggravate the seriousness of the offence because of the increase in harm. i) The guidance regarding pre-sentence reports applies if suspending custody. A spokesman said: "The CPS has authorised charging PC Edward Welch, an officer from the Metropolitan Police, with two counts of causing death by dangerous driving, causing serious injury by . This cookie is set by GDPR Cookie Consent plugin. YjFmNzllMTgxMzliZmY0Yzg4NWI4MTZjNWRlYjlkNjg3OWFkNmRhMmM2ZTdj You also have the option to opt-out of these cookies. The Road Traffic Accident Act defines death by dangerous driving as a person who causes the death of another by driving a vehicle in a dangerous way on a road or in a public place. The role of the prosecution in the death by dangerous driving court case is to prove that you did offend so that you can be found guilty and convicted. There are numerous ICD-10 cause codes for deaths due to injuries sustained in collisions with other motor vehicles. There were 576 crime offences causing death of serious injury by dangerous driving in England and Wales in 2021/22, a decrease when compared with the previous year, and a peak for the. Driving too close to a bike or horse; allowing a vehicle to mount the pavement; driving into a cycle lane; and driving without the care needed in the vicinity of a pedestrian crossing, hospital, school or residential home, are all examples of factors that should be taken into account when determining the seriousness of an offence. NzgwNzZlNmFlZGE5ZjE3MDcxNDU4NzZmMjlhODRjNmI2YTQ5Mjk1NjQ2Zjgx Dangerous driving is defined as driving in a manner that falls considerably below the minimum acceptable standard expected of a competent driver and in such a way that it would be obvious to a competent driver that there is a serious risk of personal injury or damage to property. If you believe Wordfence should be allowing you access to this site, please let them know using the steps below so they can investigate why this is happening. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The court must determine having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code whether there is a significant risk of serious harm by the commission of a further specified offence. However, any evidence to show that an offender has previously been an exemplary driver, for example having driven an ambulance, police vehicle, bus, taxi or similar vehicle conscientiously and without incident for many years, is a fact that the courts may well wish to take into account by way of personal mitigation. Frequently the police will ask suspects to attend the police station to be questioned on a voluntary basis, with a person being released under investigation afterwards pending the conclusion of the police enquiries and gathering of witness statements. Newcastle If you are given a non-custodial sentence, you may be given a suspended sentence or a community order. Yzg3NjQ0NTUzODdlYzY3YjU4ODQ1MzdlYWU0YWU1NTExODk2YjUzYjYzZWYz OTQ3ZGQ0NzNlYzhjYzc2NTBlMDc1NGY0N2ZiY2JmYWJmZWMyNjZjMDI3Yjg2 Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. In line with the approach where the offender is very seriously injured, the degree to which the relationship influences the sentence should be linked to offender culpability in relation to the commission of the offence; mitigation for this reason is likely to have less effect where the culpability of the driver is particularly high. Four men have appeared at Lincoln Crown Court jointly accused of causing the death of a 20-year-old woman by dangerous driving. you should seek expert legal representation as soon as you are able. The broad offences are: 1. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Unfortunately, we do not hold any further breakdown or information on these offences. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Necessary cookies are absolutely essential for the website to function properly. It is defined as driving a vehicle dangerously on a road or other public place which leads to someone's death. The team at Caddick Davies have a wealth of experience in dealing with motoring offence cases and can provide you with the expert guidance and support that you need. Reading or composing text messages over a period of time will be a gross avoidable distraction and is likely to result in an offence of causing death by dangerous driving being in a higher level of seriousness. ZDg3ZDg3NzY5N2EyMmE4NDNmYzVhN2M1ZDVjYjBjOWI0ODk2MTQyYmZkMDg4 This offence will only be dealt with in the Crown Court: Up to 14 years in prison, an unlimited fine, 3-11 points and revocation of your licence for a minimum period of 2 years after which you would be required to take an extended retest. By clicking Accept, you consent to the use of ALL the cookies. MWY1M2Q1NWFhYzRjMDJmMGVhNTg5MjE2N2Y4YjUyZmE3OWI4NzYyNDU3MjVl Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. This may result in a sentence level being identified that is higher than the suggested starting point, sometimes substantially so. But how is the final sentence determined? If you are found guilty of causing death by dangerous driving, the consequences are severe. If there is sufficient supporting evidence, criminal charges will be brought by the police or the CPS. ZmZhMDk0MWQ5Y2UzMGY3MWU2Y2U4MzFkNDU0N2JkYzg5NGUxMzNjMGM4N2M1 At Caddick Davies, our specialist motoring offence solicitors have a wealth of experience in dealing with appeals and can advise you on the best course of action whether we represented you in your original trial or not. It amends the Road Traffic Offenders Act 1988 to increase the maximum sentence for causing death by dangerous driving to life imprisonment. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme. Road Traffic - Mutual Recognition of Driving Disqualifications (UK/Ireland) Road Traffic - Summary Offences; . Select Age - All ages or 5-year age bands. The level of blame can widely vary from that of borderline dangerous driving to as little as a moment of inattention while adjusting a sat nav, for example. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Hull Cardiff The prosecutors will work hard on convincing the jury that your driving is dangerous to anybody who is reasonably competent at driving. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. road safety campaign or the number of people working in driving professions following a ban or conviction for a driving offence. Select rates - All deaths, rates or percentage of population for example. This may include where there is series of collisions and the first is not responsible for any death but triggers a sequence of events that do then result in a fatality, or where serious injury is caused to someone who later develops complications attributable to pre-existing conditions or fragilities. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. The main factor that varies between these offences is how much the offender is to blame. Injury to the offender may be a mitigating factor when the offender has suffered very serious injuries. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. We will guide you through the process and work tirelessly to achieve the best possible outcome for you, so get in touch with us straight away. Denii Reynolds, from Grimsby, was a passenger in a Citroen which was . MDMwNTNmM2FiZDg0MzkwZDkyYjkxYmRkYmExZDIzOWYxN2NjMzlhODg5NzQy the custody threshold has been passed; and, if so. If you plead not guilty, a trial date will be set and you will have the opportunity to present your defence. Dangerous driving means falling well below the standards expected of a competent driver, and can include driving too fast or aggressively, ignoring traffic signals, driving when unfit and being distracted, such as by a mobile phone. driving under the influence, causing death by dangerous driving, speeding. The offence of death by dangerous driving is set out in section 1 of the Road Traffic Act 1988. A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is. YjQ3ZTZhYThlMTc5ZDkwN2QyZWM1YjBjMDEyNzhkNzRmNjJjYWZmMWMyNzRi (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. ZGU3MGQ4YTM0NjUzZDZiMWE1MTRjOWRiZDg0YWNjMDIzNDNlMzExYjBjYWEz Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Such services would be subject to legal frameworks, disclosure controls, resources and agreement of costs. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. Death by dangerous driving in the UK: what offence could you be charged with? Part one of the Road Traffic Act 1988 contains the relevant offences which pertain to death by driving. A man who caused his friends death in a fatal collision, and then tried to frame the victim, has today had his sentence increased after the Solicitor General, Robert Buckland QC MP, referred it to the Court of Appeal. Pay for any outstanding fees quickly and securely by clicking below. Y2ZhMTI2YTkzNTliYmM5ZGQxNTQ3OGRjMzZmNmRmMGVmNDU0MmJkMWM1NTE2 Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, or call us on 0333 443 2366 for friendly advice, Failing to stop at the scene of an accident, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. This can be accessed by following these instructions: However, we cannot tell from the ICD-10 code if the accident was the fault of the deceased. See "Actions of others" below for the approach where the actions of another person contributed to the collision. Everything you need to know about Freedom of Information and how to go about making a request. For sections 1 and 2 of the M1Road Traffic Act 1988 there shall be substituted " 1 Causing death by dangerous driving. When assessing the seriousness of any offence, the court must always refer to the full list of aggravating and mitigating factors in the Council guideline on Seriousness [now replaced by the General guideline] as well as those set out in the guideline table as being particularly relevant to this type of offending behaviour. Causing death by dangerous driving5 2. Norwich NWVhMDcwYTY3MmY2MWMwN2UzODYwNzdmMjg4NDdjYjJjZmQ5NGQ2OGZkMzZm Y2JmMzc4ZmUyMWJjZjRkMzdhMmYyZTg3ZjJmYTU1Y2RiZTExNDgyYmRhMDA5 The act of dangerous driving can be classified in a number of ways, including: If you are convicted of the offence of dangerous driving, the penalty will be: Careless or inconsiderate driving is defined as driving at a standard that is below that of a prudent driver and where that failure caused the death of another. This field is for validation purposes and should be left unchanged. Driving offences. Triable on indictment Maximum: 14 years custody, minimum disqualification of 2 years with compulsory extended re-test. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. The sentence will be decided by the judge, taking into account factors such as the seriousness of the offence and whether there were any aggravating or mitigating circumstances. ZjUyODRkYWY1NjMyMTFiZTY3NGVjMGZhMjlkMmRjYmVhODE4NDlmMzkwYmE1 MGQ5NzQyNzE5OTNjMTNiMzVlZDAyOTBjYWU2NzhhNjdiZjg0NzgzNWJhMjJj Facing a charge of causing death by dangerous driving? 1 March 2019. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Pictured: Hotel manager, 27, killed after being hit by car while crossing Kensington High Street - as man, 25, is arrested for causing death by dangerous driving Our criteria for developing or revising guidelines. Where death of another person inside or outside the vehicle is caused by. It is a simple factual matter whereby the standard of the driving may have been blameless and otherwise perfect, the offence is committed simply if at the time of the driving and death, the driver didnt have insurance, a licence or was disqualified. The consequence of the dangerous driving i.e. The court should consider whether ancillary orders are appropriate or necessary. But causing death by dangerous driving in the UK is an 'accident'. Police collision reports concluded that Mr Green was alleged to have been travelling at a speed between 68MPH and 81MPH. If you are found guilty of driving whilst unlicensed, disqualified or uninsured, the penalty is: If you are convicted of a death by dangerous driving offence the judge will consider the following to establish the sentence: Often with these types of cases the investigations can be highly complex, with experts being required to give their opinions and undertake reconstructions as to what may have happened. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. We understand the law and the court processes inside out and will do everything possible to get the best result for you. A man who caused his friend's death in a fatal collision, and then tried to frame the victim, has today had his sentence increased after the Solicitor General, Robert Buckland QC . These include: If you have been charged with any of these offences, you should seek legal advice as soon as possible. The Council guideline Overarching Principles: Seriousness [now replaced by the General guideline] includes a generic mitigating factor youth or age, where it affects the responsibility of the individual defendant[now: "Age and/or lack of maturity]. 2) How many people were given driving bans each year since 2011, who have had a previous driving ban up to the most recent year available. You have accepted additional cookies. Level 2 This is driving that created a substantial risk of danger and is likely to be characterised by: Level 3 This is driving that created a significant risk of danger and is likely to be characterised by: The starting point and range overlap with Level 2 is to allow the breadth of discretion necessary to accommodate circumstances where there are significant aggravating factors. Note: for offences committed on or after 28 June 2022 the maximum sentence is life imprisonment and the minimum disqualification is 5 years with compulsory extended re-test. HGV driver jailed for causing death by dangerous driving. YWQ3MTM1ODRhZDVkM2FhMTNmZDcwYzgwZjYwMDUzNGQyNjkwYjIzYTI4OWYx It is not necessary for the prosecution to prove the level of impairment attributable to the drugs or alcohol, due to the low limits that are permissible for such substances. 5) What is the average custodial sentence and/or driving ban given to someone who has been convicted of: c) failing to stop at the scene of an accident. According to death by dangerous driving sentencing guidelines, it can carry a sentence of up to 14 years in prison. ZGQ5N2ZiM2NkNDU4ZGUyOTAzMjI3MTJlYzcxNTAzMjQzMTg4NWMyNmZjMjEw a) causing death by dangerous driving, b) causing death by careless driving c) failing to stop at the scene of an accident 6) What were the reasons stipulated given for driving bans. The Road Traffic Act 1988 defines causing death by dangerous driving as: A person who causes death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.. Thank you for your enquiry on driving bans and convictions, sentencing for driving offences, repeat driving offences, spending on driving safety campaigns and the number of people working in a driving occupation following conviction of a driving offence. We recognise that even though you may be accused of being at fault, these things are rarely straightforward and dedicated assistance from people that understand is vital. The underlying cause of death is defined by WHO as: a) the disease or injury that initiated the train of events directly leading to death, or\ b) the circumstances of the accident or violence that produced the fatal injury. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions for motoring offences, particularly offences that involve bad driving or the consumption of excessive alcohol or drugs before driving, More than one person killed as a result of the offence, Serious injury to one or more victims, in addition to the death(s), Other offences committed at the same time, such as driving other than in accordance with the terms of a valid licence; driving while disqualified; driving without insurance; taking a vehicle without consent; driving a stolen vehicle, The offenders irresponsible behaviour such as failing to stop, falsely claiming that one of the victims was responsible for the collision, or trying to throw the victim off the car by swerving in order to escape, Driving off in an attempt to avoid detection or apprehension, Offender was seriously injured in the collision, The victim was a close friend or relative, Actions of the victim or a third party contributed significantly to the likelihood of a collision occurring and/or death resulting, The offenders lack of driving experience contributed to the commission of the offence, The driving was in response to a proven and genuine emergency falling short of a defence, Offence committed whilst on bail for other offences, Offence was racially or religiously aggravated, Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation), Offence motivated by, or demonstrating, hostility based on the victims disability (or presumed disability). The greater obligation on those responsible for driving other people is not an element essential to the quality of the driving and so has not been included amongst the determinants of seriousness that affect the choice of sentencing range. Unfortunately, we do not hold demographics, including age, gender, race, occupation, religion and marital status, of people who have caused death by dangerous driving his information. We do not hold any data on the cost of the Think! If the death has been referred for Coroner investigation, we can look to see if there are any four-digit ICD-10 codes as the secondary cause (S and T codes), whilst looking at specific circumstances surrounding the death. Manchester If you do decide to appeal, the process works like this: This is a simplified guide to the appeal process and you should speak to a lawyer if you want more information. Petition: Lifetime driving ban if you are convicted of causing death by dangerous driving. To be guilty of this offence, a person must be found to have caused the death of another person by driving a mechanically propelled vehicle dangerously in a public place. YmI4ZjY3NDI0YWIzZDY3ZjVhMjZmNjgyOTdhZWYzYmNkZjllZTIxYmQ2ZDE4 There may be many reasons why an offender does not offer help to the victims at the scene the offender may be injured, traumatised by shock, afraid of causing further injury or simply have no idea what action to take and it would be inappropriate to assess the offence as more serious on this ground (and so increase the level of sentence). We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports, Dangerous driver, Aaron Guest has sentence increased. Anne Sacoolas, 45, was appearing at . YTMyOTAwNTc0MDUxYjNkYzc0YjIwOGM4NzBjYzZiYmFiNDliYTc3ZDlkYjA2 Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. However, consideration should be given to the circumstances in which the offender decided to drive or continue to drive when driving ability was impaired. The court should consider the time gap since the previous conviction and the reason for it. When interviewing potential lawyers, make sure you ask them about their experience in this area and whether they have a good track record defending these types of cases. Simon Ringrose, of the CPS, said: "PC Francis admitted that his driving fell below the standard of a competent and careful driver and that this driving caused the death of Andrew Brown. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. ONS mortality data is taken from information collated at the point of death registration. It is distinct from careless or inconsiderate driving. ZDNmZDVlMWVlNDY3MzFhYmU3NTcxNjNlNWRkOTYyNTg3MDNlMTZjNjEwZTUz At the appeal hearing, you will be able to present your case and argue why the sentence should be reduced. NTU5NzhhMmFlZGIxMjBkMTAzYTE5ZTRhYzkyMDNjMWEwOGRhYmZiYzU2ZmYy If you are convicted of death by dangerous driving, there are a number of ways in which the sentence can be reduced.
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