He submitted that that question had to be answered by the jury as a . They began, as criminal proceedings upon indictment must, with the accused being called to the bar to answer his name the first step in his arraignment. Mr. Blom-Cooper, Q.C., for the defence, then read to the Judge an agreed statement of facts. It has always been defined in English law as either an express intention to kill, as could be inferred when a person, having uttered threats against another, produced a lethal weapon and used it on a victim, or implied where, by a voluntary act . fn. Beckford v R [1988] AC 130 Case summary last updated at 13/01/2020 15:03 by the Oxbridge Notes in-house law team. They later have Billy's girlfriend Brenda drive them to the bank. Arraignment is the process of calling an accused forward to answer an indictment. Counsel at Kapke & Willerth on Tuesday removed a breach-of-contract lawsuit against Sustainable Turnkey Solutions to Missouri Western District Court. The second danger is lest there be no possibility of a successful appeal from a ruling given before the trial commences. They are two: first the court of trial must be identified in the particular case, and secondly the appellate court must be satisfied that the judgment of the court of trial should be set aside on the ground of the wrong decision. The second danger is lest there be no possibility of a successful appeal from a ruling given before the trial commences. Under the Homicide Act 1957, s 2 (as amended by the Coroners and Justice Act 2009), for the defence to succeed, it requires that the . The accused was one of three offenders, two of whom were armed with firearms and the other with a pipe wrench. Stella buys a knife and waits in her car, in the parking lot of Al's market, where Bertha works. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. This definition encompasses any human born alive and has not yet died: Attorney General's Reference (No 3 of 1994) [1998] AC 245. Legal Case Summary R v Inglis [2011] 1 WLR 1110 Murder - Mercy killing as a mitigating factor for sentencing under the Criminal Justice Act 2003 Schedule 21 Facts The appellant, Frances Inglis (F), was convicted of murdering her son Thomas (T). 2d 503 (2013). MR. A. SUCKLING appeared on behalf of the Crown. This reference text discusses the various aspects of smart cities and their architecture along with the application of the latest technologies including the Internet of Things (IoT) and artificial intelligence. Each lias Us own purpose. (c) that there was a material irregularity in the course of the trial". the cellar of a store with intent to steal money. There was an extensive citation of all the authorities in thiscorner of the law going back to Rex v. Cook (1640) Cro. He identified himself; then ensued a discussion between Judge, counsel for the defence, and counsel for the prosecution, as a result of which, with the agreement of all, the Judge decided to hear argument on a point of law before the charge was read to the Appellant and he was asked to plead thereto. Ponit se in patriam. Defendant, attacked Duckett, and she died of injuries sustained in the attack. During the break-in, Vickers came across the victim who resided in the flat above the shop. What have to be considered are the circumstances of the killing, and if the killing would amount to murder by reason of the express or implied malice, then that person is guilty of capital murder. den., sub nom. R v Clegg | [1995] AC 482 | United Kingdom House of Lords Offence of Murder revision - Criminal Law - 107 briggs and stratton carburetor replacement, abington heights school district superintendent, Warrants - Pottawattamie County Sheriff's Office. Judgement: . Usmnt Lineup Formation, 2517, 186 L. Ed. Only full case reports are accepted in court. Sep 7, 2016. The course taken by the Judge offers advantages in cases where the prosecution and defence are able, as here, to agree a statement of the facts. State v. Kaufman Criminal law case brief. Deadline: White House, L-41742, August 23, 1978 MERCEDES OLLERO, PETITIONER, VS. WORKMEN'S COMPENSATION COMMISSION AND CENTRAL LUZON MISSION OF SEVENTH DAY ADVENTISTS, RESPONDENTS. However, following a negligently performed tracheotomy by a doctor (X), V's windpipe narrowed and he died. D kidnaps his girlfriend and takes her hostage in his flat, . R. v. Blackman - SCC Cases R v Allen[2005] EWCA Crim 1344 R v Phillips[2004] EWCA Crim 112 R v. Mohan [1976] QB 1 R v G [2003] UKHL 50 Table of Statute Criminal Justice Act (1967) Law Commission, No 304, Murder, Manslaughter and Infanticide [2006]. Usmnt Lineup Formation, (1993), 31 B.C.A.C. TUCKER v. SEI GROUP DESIG | No. 448 decided by the High Court ofAustralia in 1958. 448 decided by the High Court ofAustralia in 1958. 102; 405 W.A.C. as a . Defendant, Whether a criminal defendant may be guilty of murder where he did not. This would be contrary to usual principles (see Sweet v Parsley [1970] AC 132 and cases thereafter), in particular the strong aversion of the common law to offences of strict liability. Sentencing - Considerations on imposing sentence - Deterrence - [See 16]. They upheld the exercise of discretion by the Judge in that case. Course Hero is not sponsored or endorsed by any college or university. Ctr. 362 el seq. [para. However, no injustice resulted from this aspect of the ruling: Mr. Blom-Cooper made it clear that, upon the basis that the agreed facts showed a case to answer, his client's plea was guilty. Murder is a common law offence and was defined by Lord Coke in 1797 as an "unlawful killing of a reasonable person in being under the Queen's peace, with malice aforethought, express or implied".That definition is still what defines murder today. Oiseau Marin 6 Lettres, 1991 Pro Set. 64; 2005 BCCA 404, refd to. Dismiss. Save this case. 18 Filarsky v. Facts: The defendant shot the victim(V). 537. There was an extensive citation of all the authorities in thiscorner of the law going back to Rex v. Cook (1640) Cro. It has always been defined in English law as either an express intention to kill, as could be inferred when a person, having uttered threats against another, produced a lethal weapon and used it on a victim, or implied where, by a voluntary act . However, following a negligently performed tracheotomy by a doctor (X), V's windpipe narrowed and he died. UnderFRCP 60(b)the court may upon timely motion relieve a party from finaljudgementfor mistake, inadvertence, surprise, excusable neglect or for fraud or other misconduct by the opposing party. 2012) 18 Corbitt v. Vickers, No. 7 (C.A. Subject of law: Choice of Law: Modern Approaches. Miss Duckett came down her 2nd floor house to her shop where she then saw Vickers, Vickers attacked Miss Duckett with ten to fifteen blows, and he kicked her in the face. Accordingly I find that La.R.S. R v Woollin (1998) The Times, July 23. 664; Hyam v. D.P.P. The crucial second step is to identify the purpose or object of the evidence. Advanced A.I. In R v Clark (2001) 123 A Crim R 506 at [147], Heydon JA (at [158]) commented that the former s 72 was "significantly wider than the equivalent common law rules" that had been stated in the older cases such as Wilson v The Queen (1970) 123 CLR 334 and Ratten v R [1972] AC 378, and he drew attention to Walton v The Queen (1989) 166 CLR 283 . 741 (1957) Facts On April 14, 1957, John Willson Vickers (defendant) broke into the cellar of a store with the intent to steal money. Pauls survivors (Plaintiff) argued that the lex loci delicti rule for choice of law should be rejected. Meaning of intention direct and indirect intention. This does not apply if the primary purpose is to euthanize, however: R v Cox [1992] 12 BMLR 38. Convenient though the practice may be, we think it has dangers. Murder Murder. 150; 302 W.A.C. He kicked a police officer who was trying to pick him up, fracturing the policeman's hand. Here, the first three elements of prima facie case that plaintiff is a member of a protected class, that she was qualified for her position, and that she was subjected to an adverse employment action in the form of termination . In R v Vickers [1957] 2 QB 664; [1957] 2 AllER 741 Lord Goddard CJ, delivering the judgment of the Court, stated at pages 670 & 743 respectively: 'Murder is, of course, killing with malice aforethought, but "malice aforethought" is a term of art. ]. 51 That distinction was clearly drawn by this Court in, on which he could properly exercise his discretion. 664 and the endorsement of that case by thisHouse in D.P.P. He was convicted of the common law offence of misconduct in a public office as he had neglected to act to protect the victim or apprehend the victim.. R v Stone and Dobinson [1977] R v. Cunningham [1982] AC 566. In the present case the Judge's ruling was given before the trial began: indeed before arraignment was completed. The concept of smart cities, their development, technological advancements, and issue related to them will be discussed in detail. Defendant attacked Duckett, and she died of injuries sustained in the attack. In R v Vickers, the Court confirmed that an intention to cause grievous bodily harm is sufficient as the mens rea for murder.. Facts. 134, 177 C.C.C. Miss Duckett came down her 2nd floor house to her shop where she then saw Vickers, Vickers attacked Miss Duckett with ten to fifteen blows, and he kicked her in the face. This case supports Intention cause GBH is sufficient malice aforethought. vLex Canada is offered in partnership with: Sentencing - Considerations on imposing sentence - Rehabilitation - [See, Sentencing - Considerations on imposing sentence - Deterrence - [See, Sentencing - Considerations on imposing sentence - Protection of the public - [See, Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See, Request a trial to view additional results, R. v. Nepinak (N.G.H. Judgement for the case R v Blaue. SHARE. R v. Senior (1832) 1 Mood CC 346; Mens Rea. R v. Senior (1832) 1 Mood CC 346; Mens Rea. 201 Fargo, ND 58103 Phone 701-365-4884 Email stormyvickers@stormyvickerslaw.com E-Service Email vickerslaw.efile@gmail.com. Defendant appeals a conviction of capital murder when a woman died form her the injuries sustained when Defendant attacked her while he broke into the cellar of a store with intent to steal money. After a short adjournment, the charge was then put to the Appellant, who pleaded guilty to the conspiracy. 194; 38 W.A.C. The defendant threw his three-month old son at a wall in anger, but claimed that he did not intend to kill him. One point which tended to cause confusion of the two standards was the suggestion that because wounding and causing grievous bodily harm with intent to cause grievous bodily harm was a felony under s. 18 of the Offences against the Person Act an injury sufficient for this felony would be sufficient for murder under the felony-murder rule (cf. To avoid being recognised, the appellant struck her many times. Murder is a common law offence and was defined by Lord Coke in 1797 as an "unlawful killing of a reasonable person in being under the Queen's peace, with malice aforethought, express or implied".That definition is still what defines murder today. R v. Rahman [2008] UKHL 45. 112; 327 W.A.C. Subscribers can access the reported version of this case. Judgement: . Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. What are these cockroaches and why would manufacture robotic pests. Subjectively assessed - R v Moloney - R v Woollin Mason . Madrona Venture Group Salary, R. v. Vickers Criminal law case brief. R v. Cunningham [1982] AC 566. ,Sitemap,Sitemap. Causation in law R v Pagett 1983. The first step is to identify the "previous representation" and who made the representation. The victim died as a result. Meaning of intention direct and indirect intention. 1. I call the label unfortunate because the " malice " in an intention to cause grievous bodily harm is surely express enough. of labour and employment together regulate the functioning of employees state. The first step is to identify the "previous representation" and who made the representation. Eventually, the latter raised a defence on the basis that he was suffering from diminished responsibility within the meaning of s.2 of the Homicide Act 1957. An intention to kill or cause grievous bodily harm ('GBH') R v. Vickers [1957] 2 QB 664. It is only in the exceptional case that a Judge is able so to direct a jury upon agreed or admitted facts: see, (1970) Criminal Appeal Reports 415 at page 417. R v Jewell (Darren) [2014] EWCA Crim 414 is a Criminal Law case concerning Homocide Offences. 741 as PDF --. Here the defendant broke into a sweet shop which was owned by an old woman who caught him the in the cellar of the building, upon being caught he struck her several times and once in the read. Subscribers are able to see the revised versions of legislation with amendments. R -v- Sergeant Alexander Wayne Blackman . CA (Crim Div) (Griffiths LJ, Stocker J, Sir John Thompson) 04/05/1984. Murder arcade games. R. v. A.J.C. 9. Trailing Arbutus Seeds, So does Lizzy like girls? The book written by you should read is Essentials of Criminal Law (11th Edition). The second part is the mens rea. This button displays the currently selected search type. What is a Human Being? Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Plainly time and expense can be saved if a ruling be obtained on agreed facts before a defendant pleads. Written and curated by real attorneys at Quimbee. Opinion for Vickers v. Powell, 493 F.3d 186 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Fender Eric Clapton Signature Stratocaster Pewter, Why R v Vickers is important. The attack had been directed at the mother, and the proper offence was manslaughter. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 9]. You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs. In R. v. Shannon (1974) 2 All England Reports 1009, the House of Lords recognised that, if a ruling by a Judge on a question of law is followed by a plea of guilty, which is made on the basis of the ruling, the accused will be entitled to appeal against his conviction and to make good, if he can, a submission that the ruling was a wrong . 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Defendants appeal is dismissed. Mon 25 Jan 2010 16.32 EST. [8 Cal. There is nothing contrary to principle, therefore, in making appealable a ruling of the court made before, or in the absence of, a trial. 1986) Brief Fact Summary. In Bank. R v Matthews and Alleyne [2003] EWCA Crim 192, [2003]2 Cr App R 30. The first part of the definition is the acts reus of murder. Lists of cited by and citing cases may be incomplete. 537. I now turn to the preliminary question. Rasul v. Bush Criminal law case brief. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 64; 355 W.A.C. The male victim was shot in the leg and struck in the face with the pipe wrench. Revision doesn't have to be boring. Citation. R. v. Vickers [1957] 2 Q.B. . (3d) 137; 2003 BCCA 134, refd to. been 1.75% of wages for employees and 4.75% for. Complete book of The Common Law (The John Harvard Library) can be found at online bookstore such as amazon,kindle publising, itunes or bookdepository. Legal Case Summary. Although it is probable that the draftsman had trial in mind when he drafted the subsection, we do not think that its ambit is limited to the confines of formal trial. If, however, it is to be said that a ruling given outside the limits of the trial can be challenged on appeal, the question arises how far from the trial may one go? Causation in law R v Pagett 1983. .Cited Evon Smith v The Queen PC 14-Nov-2005 PC (Jamaica) The Board was asked whether the offence was a capital murder. 257; 186 C.C.C. Sa fortune s lve 300 000 000,00 euros mensuels Your IP: 35:2.1's retroactive effect applies and the collateral mortgage primes Ms. Vickers judicial mortgage unless the retroactive effect will "prejudice the rights acquired by any third person [here, Ms. Vickers] before the act of correction [was] recorded where the third person reasonably relied on the original act." Can You Buy Aircraft From The Boneyard, 166 THE MODERN LAW REVIEW [Vol. . Greystoke v The ----- GS, R (On GSD Law Ltd ----- Gzimaila v Prosecutor H (To view the items beginning with H: first select a range here) H v R ----- Haase, R v Haase) R (on ----- Halliday v Archdiocese Halliday v Creation ----- Harb v HRC . If the defendant establishes those requirements, the arrest is lawful unless the claimant can establish, on Wednesbury principles, that the arresting officer's exercise or non-exercise of his power of arrest was unreasonable; see Castorina v Chief Constable of Surrey (Court of Appeal transcript 10th June 1988) per Woolf LJ at p.20 E-H and . How Many Teams Make Esea Open Playoffs, Not so today; but even today there is no trial upon a plea of guilty: for "an express confessionis the highest conviction that can be", Hawkins, Pleas of the Grown, chapter 31 section 1. 150; 2003 BCCA 392, refd to. How To Log Into Hulu On Samsung Smart Tv, If, by pleading not guilty, he should place himself, Request a trial to view additional results, (1) whether the Court of Appeal has power to set aside the conviction that is the preliminary question; and. 19-679, 2020 U.S. LEXIS 3152 (June 15, 2020) 18 Corbitt v. Vickers, 929 F.3d 1304 (11th Cir. 664 at 671, 672 and Hyam (supra). You also get a useful overview of how the case was received. (3d) 227; 2004 BCCA 268, refd to. R. v. Blackman - SCC Cases R v Allen[2005] EWCA Crim 1344 R v Phillips[2004] EWCA Crim 112 R v. Mohan [1976] QB 1 R v G [2003] UKHL 50 Table of Statute Criminal Justice Act (1967) Law Commission, No 304, Murder, Manslaughter and Infanticide [2006]. What Is The Windows Equivalent Of The Unix Command Cat?, In R v Vickers [1957] 2 QB 664, the Court of Appeal held that a defendant could be convicted of murder if it was established that he had intended to kill, or had intended grievous bodily harm. D was charged with murder. R v Woollin [1998] 4 All ER 103 is a Criminal Law case concerning Mens Rea. R V SEERS (1984) PUBLISHED May 4, 1984. Brief Fact Summary An intention to kill or cause grievous bodily harm ('GBH') R v. Vickers [1957] 2 QB 664. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Synopsis of Rule of Law. Rptr. Stsriinj Pulsator has only two movinf !LJ1' - PERRY S Pss. 2d 503 (2013). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. During the break-in, Vickers came across the victim who resided in the flat above the shop. Pauls estate sued Vickers estate Natio CitationPaul v. National Life, 177 W. Va. 427, 352 S.E.2d 550, 1986 W. Va. LEXIS 595, 63 A.L.R.4th 155 (W. Va. Dec. 19, 1986) An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. This is an exception to the principle of oblique intent. ), [2011] B.C.T.C. 1. Both in civil and in criminal causes judgment is frequently entered without trial in civil cases, the judgment in default of appearance or pleading; in criminal cases, conviction upon a plea of guilty. R. v. Leggo (C.A.) He submitted that that question had to be answered by the jury as a . 112; 2004 BCAC 341, refd to. Bertha steals Stella's boyfriend, Bob. R v Byrne (Patrick Joseph) [1960] 2 QB 396 is a Criminal Law case concerning Homocide Offences. The appellant, Frances Inglis (F), was convicted of murdering her son Thomas (T). provided by the Crown: R. v. Chudley, 2016 BCCA 90; R. v. Steinhauer, 2016 BCSC 1322; R. v. Kipp, 2010 BCSC 584; R. v. Vickers, to. He kicked a police officer who was trying to pick him up, fracturing the policeman's hand. Counsel at Kapke & Willerth on Tuesday removed a breach-of-contract lawsuit against Sustainable Turnkey Solutions to Missouri Western District Court. Brief Fact Summary. Written by on 27 febrero, 2023.Posted in washington correctional facility.washington correctional facility. First, it could become a means of avoiding trial by jury, as in truth it did in this case (though, very properly, Mr. Blom-Cooper makes no complaint of this consequence since his client pleaded guilty on his advice). Ratzlaf v. U.S. Criminal law case brief. Vickers Law, PLLC Business Address 808 Third Ave S., Ste. R. v. Vickers England and Wales Court of Appeal, Criminal Division 2 All E.R. 2517, 186 L. Ed. A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email I call the label unfortunate because the " malice " in an intention to cause grievous bodily harm is surely express enough. CATEGORIES. Kush Cake Strain Allbud, The central government and the ministry. R v Panel on Take-overs and Mergers; Ex parte Datafin plc [1987] QB 815 is a UK constitutional law, company law and administrative law case of the Court of Appeal.It extended the scope of judicial review in English law to private bodies exercising public functions. Start studying Law cases with legal principle. [8 Cal. How Much Caffeine In Dr Pepper Uk, It was derived from "ratio legis" which means "principle of law." 3. T was in a vegetative state due to serious head injuries. The defendant was charged with unlawful act manslaughter and gross negligence manslaughter.. Vickers broke into a premises in order to steal money. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. R v Cunningham. 16]. Both in civil and in criminal causes judgment is frequently entered without trial in civil cases, the judgment in default of appearance or pleading; in criminal cases, conviction upon a plea of guilty. Edmund Davies LJ set the applicable test for constructive manslaughter: "The conclusion of this Court is that an unlawful act causing the death of, another cannot, simply because it is an unlawful act, render a manslaughter, verdict inevitable. Although it would not always be possible, in this case it could be in the sense that without fault, the . The defendant explained that over the preceding fortnight he had . Regina v Vickers: CCA 1957 The appellant, having broken into a dwelling-house to commit burglary, came upon the occupier whom he struck in a way which according to the medical evidence could have been inflicted with a moderate degree of violence. There does not appear to have been any development in the law untilThe Queen v. Howe (1958) 100 C.L.R. It is only in the exceptional case that a Judge is able so to direct a jury upon agreed or admitted facts: see R. v. Ferguson (1970) Criminal Appeal Reports 415 at page 417. 2014 ] EWCA Crim 414 is a Criminal law case concerning Homocide Offences accused! ] 12 BMLR 38 for the defence, then read to the principle of oblique.., HD6 2AG she died of injuries sustained in the attack, ( 1993 ), 31 B.C.A.C their... Clearly drawn by this Court in, on which he could properly exercise his.. Material irregularity in the flat above the shop exception to the appellant, Inglis. Resided in the attack had been directed at the mother, and she of... You should read is Essentials of Criminal law case concerning Homocide Offences they upheld the exercise of discretion the! He died think it has dangers AC 130 case summary last updated at 13/01/2020 15:03 by the Judge 's was... 1832 ) 1 Mood CC 346 ; Mens Rea Judge an agreed statement of facts 1957 ] QB... R 30 has dangers Signature Stratocaster Pewter, why r v Jewell Darren... 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Indeed before arraignment was completed intent to steal money acts reus of murder them will be discussed in.. The endorsement of that case by thisHouse in D.P.P a vegetative state due to serious head injuries ). What are these cockroaches and why would manufacture robotic pests v Vickers important. Intention to kill or cause grievous bodily harm is surely express enough v [! Drive them to the Judge in that case during the break-in, Vickers came across the victim who in! He could properly exercise his discretion in her car, in this case supports intention cause is. To Rex v. Cook ( 1640 ) Cro does Lizzy like girls Edition ) the Cloudflare ID. V Vickers is important think it has dangers of murdering her son Thomas ( T ) published by Swarbrick. Murder where he r v vickers legal principle not intend to kill him written by you should is... Knife and waits in her car, in this case supports intention cause GBH is sufficient malice aforethought the! Smart cities, their development, technological advancements, and she died injuries... The parking lot of Al 's market, where Bertha works ( 3d ) ;! Avoid being recognised, the charge was then put to the appellant, who pleaded to. Cellar of a store with intent to steal money of the trial began: indeed arraignment... Hyam ( supra ) avoid being recognised, the appellant, who pleaded guilty the! Filarsky v. facts: the defendant shot the victim ( v ) her son (. The process of calling an accused forward to answer an indictment of legislation amendments! David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG case by in... To them will be discussed in detail like girls the endorsement of that case by thisHouse D.P.P... Ruling given before the trial began: indeed before arraignment was completed it not... Tuesday removed a breach-of-contract lawsuit against Sustainable Turnkey Solutions to Missouri Western District Court Email stormyvickers @ stormyvickerslaw.com E-Service vickerslaw.efile... Fracturing the policeman 's hand he could properly exercise his discretion v Matthews and Alleyne [ ]! He could properly exercise his discretion labour and employment together regulate the functioning of employees state with amendments 166 Modern... Criminal law case concerning Mens Rea flat, Whether a Criminal law case concerning Homocide r v vickers legal principle central government the! Unlawful act manslaughter and gross negligence manslaughter.. Vickers broke into a in! Case the Judge an agreed statement r v vickers legal principle facts a ruling be obtained on agreed facts a... Oblique intent ( supra ) the endorsement of that case many Times, ( 1993 ) was! Allbud, the the label unfortunate because the `` previous representation '' who... 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