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​KembaraXtra-Case Law -Reardon (1999) CA
This study guide summarizes the key facts, legal principles, and court's decision in the case of Reardon (1999) CA. It is designed to help you understand and recall the important aspects of this case for academic purposes.

Case Name: Reardon (1999) CA
Area of Law: Criminal Law – Joint Enterprise / Complicity / Secondary Liability

I. Factual Background
  • Setting: Defendant (D) was in a bar with others, including M.
  • Initial Incident: M shot two individuals.
    • Victim 1 (V1) died instantly.
    • Victim 2 (V2) did not die instantly.
  • Subsequent Events:
    • Bodies were dragged outside.
    • M discovered V2 was still alive.
    • M requested a knife from D.
    • D provided the knife to M.
    • M then went outside and fatally stabbed V2.
II. Charges & Initial Verdict
  • Charges: D was charged with the murder of both V1 and V2.
  • Jury Direction: The jury was instructed that D would be responsible for the consequences if he handed over the knife:
    • Realizing OR
    • Contemplating
    • That M would kill or cause really serious injury.
  • Verdict: D was convicted of both murders.
III. Grounds for Appeal
  • D's Argument: D appealed the conviction, claiming that M's actions with the knife were:
    • Outside his (D's) contemplation.
    • Therefore, not part of any common purpose between D and M.
IV. Court of Appeal's Decision (Held)
  • Key Legal Test Applied: The test for D's responsibility was whether, when D handed over the knife to M, he could reasonably foresee acts of the type that M did in fact carry out.
  • Application to Facts:
    • The Court found it clear that the fatal stabbing of at least V2 was contemplated by D when he handed over the knife.
    • D must have realized that if V1 was found still breathing, M would have fatally stabbed him too (implying a general intent by M to ensure death).
  • Conclusion: M's act of fatally stabbing V2 was an act foreseen by D, even if D did not specifically intend the knife to be used in that exact manner.
V. Key Takeaways & Principles for Study
  • Foreseeability in Joint Enterprise: This case highlights the importance of foreseeability in determining secondary liability (joint enterprise). A secondary party (D) can be liable for actions carried out by the primary offender (M) if those actions were reasonably foreseeable by the secondary party.
  • "Acts of the type": The test focuses on whether acts "of the type" carried out were foreseeable, not necessarily the precise method or timing.
  • Contemplation vs. Intention: D does not need to intend the specific fatal act to occur, but merely to contemplate or foresee that such an act (like fatal stabbing) might occur given the circumstances and M's known disposition.
  • Scope of Common Purpose: Even if M's actions went beyond D's exact wishes, if they were within the reasonably foreseeable scope of their common criminal purpose (e.g., ensuring victims were dead), D can still be held liable.
  • Causation and Responsibility: D's action of providing the weapon, coupled with the foreseeability of its use for lethal force, established his responsibility for M's subsequent actions.​
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KembaraXtra-Case Law-Powell and English (1997) HL: Joint Enterprise Liability in Murder
I. Case Summaries & Key Facts:
  • Powell, A, B, C:
    • A, B, and C went to purchase drugs from V.
    • V was shot dead.
    • The Crown could not prove who fired the gun.
    • All three knew Powell was armed.
    • Held: A and B were found guilty of murder.
  • English, D, E:
    • D and E were assaulting a police officer with a wooden post.
    • E (English) stabbed and killed the officer.
    • Held: D was found not guilty of murder.
II. Core Legal Principles (Per Lord Hutton):
  1. Joint Enterprise Liability:
    • When two parties engage in a joint enterprise to commit a crime, and one party (the secondary party) foresees that, in the course of the enterprise, the other party (the primary party) may commit another crime with the requisite mens rea, the secondary party is liable for that other crime if committed by the primary party during the enterprise.
  2. Mens Rea for Murder in Joint Enterprise:
    • For a secondary party to be convicted of murder, it is sufficient that they realized the primary party might kill with intent to do so OR with intent to cause grievous bodily harm during the joint enterprise.
  3. Unforeseen Acts:
    • If the jury believes the primary party's act (e.g., E's use of a knife) was not foreseen by the secondary party (e.g., D), then the secondary party is not guilty of murder.
    • Crucially, an unforeseen act takes the killing outside the scope of the joint venture. In such cases, the jury should also be directed that the secondary party should not be found guilty of manslaughter either.
III. Dissenting Opinion/Call for Reform (Per Lord Steyn, Lord Mustill concurring):
  • Lord Steyn suggested that Parliament should reform the law of murder.
  • He proposed that a killing should be classified as murder if there is:
    • An intention to kill, OR
    • An intention to cause really serious bodily harm,
    • Combined with an awareness of the risk of death.
IV. Study Notes & Key Takeaways:
  • Distinguish between the two cases: Powell illustrates a scenario where secondary parties were found guilty (foreseeability of being armed and potential for fatal force was likely inferred). English highlights the exception where an unforeseen act by the primary party negates liability for the secondary party.
  • Focus on the "foreseeability" element: This is central to joint enterprise liability for murder. It's not about certainty, but about the realization that the act "might" occur.
  • Mens Rea for Murder: Remember the two limbs: intent to kill OR intent to cause grievous bodily harm. The secondary party must have foreseen the possibility of one of these occurring.
  • Scope of Joint Enterprise: An unforeseen and fundamentally different act by the primary party takes the killing outside the scope of the original joint venture, absolving the secondary party of liability for murder and manslaughter.
  • Lord Steyn's point is a reform proposal, not current law: While important for critical analysis, understand that his suggestion about "awareness of the risk of death" was a call for legislative change, not a statement of the existing legal standard at the time of the judgment. The existing law focuses on foresight of intent to kill or cause GBH.
  • Application: When analyzing scenarios, ask:
    1. Was there a joint enterprise?
    2. What was the original crime intended?
    3. Did the secondary party foresee that the primary party might commit murder (with intent to kill or cause GBH) during that enterprise?
    4. Was the fatal act within the scope of what was foreseen, or was it a fundamentally unforeseen act?








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KembaraXtra-Case Law- Millard & Vernon [1987] CA-Attempted Property Damage
This case clarifies the mens rea (guilty mind) required for the offence of attempt to commit a substantive crime, particularly when the substantive crime itself has a complex mens rea structure.

​Key Concepts
  • Attempt: An inchoate (incomplete) offence where a person, with the intent to commit a crime, performs an act that is more than merely preparatory to its commission.
  • Substantive Offence: The full, completed crime (e.g., criminal damage).
  • Actus Reus: The physical act or omission that constitutes a crime.
  • Mens Rea: The mental element of a crime, encompassing intent, knowledge, recklessness, etc.


Factual Background (Millard & Vernon (1987) CA)
  • Defendants: Football supporters.
  • Actions: Repeatedly pushed against a wooden wall in a football stand.
  • Prosecution Allegation: They were attempting to break the wall.
  • Defence: Denied intent to break the wall.


Legal Principle (Holding)
The Court of Appeal established a distinction regarding the mens rea for attempt based on the structure of the substantive offence:
  1. Simple Substantive Offence:
    • Structure: Consists of an actus reus leading to a result, with a mens rea relating only to that result.
    • Mens Rea for Attempt: For an attempt to commit this type of offence, full intent is required regarding the result.
    • Example (from this case's implication): If the substantive offence of criminal damage only required intent to cause damage, then for attempted criminal damage, you'd need intent to cause damage.
  2. Complex Substantive Offence:
    • Structure: Consists of a mens rea relating to the result, AND a mens rea relating to "some other circumstance" (i.e., not the direct result).
    • Mens Rea for Attempt: For an attempt to commit this type of offence, recklessness will suffice as the mens rea relating to the "other circumstance." Full intent is still required for the result.
    • Application to Millard & Vernon: The substantive offence of criminal damage (s.1(1) Criminal Damage Act 1971) requires:
      • Intent or recklessness as to causing damage to property belonging to another.
      • The "other circumstance" here is that the property "belongs to another."
      • Therefore, for attempted criminal damage, while you need intent to cause damage, you only need to be reckless as to whether the property belongs to another.


Key Takeaway for Studying Attempts
  • When analyzing an attempt charge, always first identify the mens rea requirements of the substantive offence.
  • Then, apply the Millard & Vernon principle:
    • For the intended result of the substantive offence, you generally need intent for the attempt.
    • For any other circumstances that form part of the substantive offence's mens rea (e.g., the property belonging to another, or knowledge that the victim was a police officer), recklessness can suffice for the attempt.


Practical Application Questions
  1. If the substantive offence is battery (applying unlawful force), which requires intent or recklessness as to applying unlawful force. What mens rea would be required for attempted battery?
  2. If a defendant throws a rock at a window, intending to break it, but misses. Would they be liable for attempted criminal damage, assuming they were reckless as to the property belonging to another?
  3. Why is the distinction between "result" and "other circumstance" crucial in Millard & Vernon?

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​KembaraXtra-Case Law- Khan (1990) CA: Attempted Rape - Mens Rea (Study Guide)
Case Name: Khan (1990) CA
Key Legal Issue: What is the mens rea (guilty mind) required for the offense of attempted rape, specifically concerning the victim's consent?
Facts of the Case:
  • The defendant (D) attempted to have sexual intercourse with a girl without her consent.
  • The attempt failed.
  • D was convicted of attempted rape.
  • D appealed, arguing that the trial judge incorrectly instructed the jury that recklessness regarding the girl's consent was sufficient mens rea.
Court's Decision (Held):
  • Recklessness as to whether the girl consented was sufficient mens rea for attempted rape.
Reasoning (Per Russell LJ):
  • The offenses of rape and attempted rape are identical in all aspects, except that rape involves completed sexual intercourse, while attempted rape does not.
  • Therefore, the mens rea for both offenses must be identical.
  • The mens rea for both rape and attempted rape is:
    1. An intention to have sexual intercourse, PLUS
    2. A knowledge of or recklessness as to the woman's absence of consent.
Important Clarification/Note:
  • The Court of Appeal is not stating that recklessness is sufficient for the mental element of the attempted act itself. For the attempted act (e.g., the attempted penetration), intention is still required.
  • The recklessness element applies to the surrounding circumstances, specifically the victim's lack of consent.
Key Takeaways for Study:
  • Mens Rea for Attempted Rape = Mens Rea for Rape. This is a fundamental principle established by Khan.
  • Two-Part Mens Rea: Remember the two distinct elements:
    1. Intention regarding the act of sexual intercourse.
    2. Knowledge OR Recklessness regarding the lack of consent.
  • Context of Recklessness: Understand that recklessness applies to the circumstance of consent, not the attempted act itself.
  • Distinction between Act and Circumstance: This case highlights the crucial distinction between the mens rea for the intended act (which is always intention in attempts) and the mens rea for the surrounding circumstances (which can be recklessness).
Self-Assessment Questions:
  1. If a defendant intends to have sexual intercourse but genuinely (though unreasonably) believes the victim consents, can they be convicted of attempted rape under the Khan ruling? Why or why not?
  2. What is the significance of the court stating that "the offenses of rape and attempted rape are identical in all respects, except that in the former, sexual intercourse takes place, and, in the latter, it does not"?
  3. Explain, in your own words, what is meant by "recklessness as to the woman's absence of consent."

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​KembaraXtra-Case Law-Whybrow (1951)
Key Legal Principle: This case is a foundational authority on the mens rea (guilty mind) required for attempted murder.
Facts of the Case:
  • Defendant: Whybrow
  • Action: The defendant constructed an electrical device and administered an electric shock to his wife while she was bathing.
  • Outcome of the Action: (Implied, but crucial for the legal point) The wife was not killed.
Court's Holding (Decision):
  • The court held that for the complete offence of murder, an intent to cause grievous bodily harm (GBH) is sufficient mens rea.
  • However, for the offence of attempted murder, only an intent to kill will suffice.
Reasoning for the Holding:
  • The court explicitly stated that for attempted murder, "the intent becomes the principal ingredient of the crime."
Implications for Studying:
  • Distinction in Mens Rea: This case highlights a critical distinction in the required mental state between the full offence of murder and the inchoate offence (incomplete offence) of attempted murder.
    • Murder: Intent to kill OR intent to cause GBH.
    • Attempted Murder: ONLY intent to kill.
  • "Principal Ingredient": Understand that in attempt crimes, the defendant's specific intention is paramount and often narrowly defined. This is because the harmful outcome hasn't fully materialized, so the focus shifts more heavily to what the defendant intended to achieve.
  • Application: If you encounter a scenario where a defendant intended to cause serious injury but not death, and the victim survives, this case dictates that they cannot be convicted of attempted murder, but rather a lesser offence like attempted grievous bodily harm.

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KembaraXtra-Case Law-Walker and Hayles [1990]-Attempted Murder - Mens Rea
This case note focuses on the mens rea (mental element) required for the crime of attempted murder. Understanding this legal principle is crucial for accurately analyzing criminal liability.


Key Case: Walker and Hayles (1990)
Court: Court of Appeal (CA)
Facts:
  • The defendants threw the victim (V) over a third-floor balcony during a fight.
  • The victim survived the fall.
  • The defendants were convicted of attempted murder.
  • They appealed their conviction, arguing that the trial judge had incorrectly instructed the jury on the necessary mental element for attempted murder.
Legal Issue:
  • What is the mens rea required for attempted murder? Specifically, can "intent to kill" be inferred from foresight of a virtually certain or highly probable consequence?
Court's Decision (Held):
  • Following the precedent set in Nedrick (which you should refer to for further detail on foresight and intention), the Court of Appeal confirmed that the jury could infer an intent to kill for attempted murder.
  • This inference is permissible if there is evidence that the defendant(s) foresaw death as a virtually certain or highly probable consequence of their actions.


Key Takeaways for Study:
  1. Crime: Attempted Murder
  2. Crucial Element: Mens Rea (Mental Element)
  3. Core Principle: While the mens rea for attempted murder is intent to kill, this intent does not always need to be direct (e.g., explicitly stating "I intend to kill").
  4. Inference of Intent: A jury is permitted to infer (deduce) an intent to kill if the defendant(s) foresaw that death was:
    • Virtually Certain OR
    • Highly Probable as a result of their actions.
  5. Precedent: This principle builds upon and re-affirms the precedent established in Nedrick. Ensure you understand Nedrick's contribution to the understanding of indirect intent.
  6. Application: This case illustrates how a dangerous act, even if it doesn't result in death, can still constitute attempted murder if the defendant foresaw death as a virtually certain or highly probable consequence. The fact that V survived is irrelevant to the establishment of the mens rea for attempted murder.


Why is this important?
  • It clarifies that "intent" in criminal law can extend beyond direct desire.
  • It provides a mechanism for juries to find intent based on the objective foresight of the defendant, even if the defendant denies a direct intention to kill.
  • It highlights the serious nature of actions where death is a highly probable outcome, even if not explicitly desired.


Remember to integrate your understanding of Nedrick with this case to fully grasp the nuances of indirect intent in attempted murder.

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​KembaraXtra-Case Law- Mohan (1976)-Mens Rea in Attempted Crimes
This study guide focuses on the critical legal principle established in the case of Mohan (1976) regarding the mens rea (guilty mind) required for attempted crimes.


I. Case Summary: Mohan (1976)
  • Facts: The defendant (D) was signaled to stop by a police officer. D initially slowed down but then accelerated and drove towards the officer. The officer avoided being hit, and D drove off.
  • Charge: Attempt to cause bodily harm by wanton driving at a police constable.
  • Jury Direction: The jury was instructed that to convict, it had to be proven that D deliberately drove wantonly, realizing that such wanton driving would be likely to cause bodily harm.
  • Held (Ruling): Intent is an essential ingredient of the offense of attempt. Therefore, only intent will suffice as the mens rea for attempted crimes.


II. Key Legal Principle: Mens Rea for Attempt
  • Core Principle: For an attempted crime, the prosecution must prove a direct intention on the part of the defendant to commit the full offense.
  • Distinction from Complete Offenses:
    • While recklessness might suffice as the mens rea for a complete offense (e.g., actual bodily harm), it is not sufficient for an attempted offense.
    • Attempt is considered a separate and often more serious offense, requiring a distinct and higher mens rea threshold.


III. Understanding "Intent" in Attempted Crimes
  • Direct Intent: This refers to the defendant's purpose or aim to bring about the prohibited consequence.
    • In Mohan, D's intent was to cause bodily harm to the officer, even if the driving itself was described as "wanton." The crucial element was the deliberate action with the realization of the likely harm.
  • Foresight of Consequences: While foresight of consequences is evidence from which intent can be inferred, it is not intent itself. The jury direction in Mohan linked "deliberately drove wantonly" with "realizing that such wanton driving would be likely to cause bodily harm," indicating a deliberate aiming at the outcome.


IV. Practical Application and Study Tips
  • Memorize the Core Rule: "For attempt, only intent will suffice as the mens rea."
  • Identify the "Attempt" Element: When analyzing a scenario, first determine if the charge is for a complete offense or an attempt. This will dictate the required mens rea.
  • Distinguish from Recklessness: Be able to clearly articulate why recklessness (foreseeing a risk and unreasonably taking it) is insufficient for attempt, even if it's enough for the full crime.
  • Analyze Jury Directions: Pay close attention to how juries are instructed, as this often reveals the specific mental element required by law for a given offense. The Mohan direction is a prime example of requiring intent.
  • Scenario Practice:
    • Question: If D drove recklessly, knowing there was a risk of hitting the officer, but did not aim to hit him, could he be guilty of attempted bodily harm?
    • Answer: No, because recklessness is not sufficient mens rea for attempt. Direct intent to cause bodily harm would be required.


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KembaraXtra-Case Law- O’ Toole (1987)Attempted Offenses and Mens Rea
This study guide focuses on the critical legal principle established in the case of O'Toole (1987), particularly concerning the mens rea (guilty mind) required for attempted offenses.


Case Summary: O'Toole (1987)
  • Charge: Attempted Arson
  • Key Ruling: The court held that while recklessness might be sufficient mens rea for the completed offense of arson, only intention would suffice for the charge of attempting the offense.


Key Legal Principle: Mens Rea for Attempted Offenses
  • Distinction between Completed Offense and Attempted Offense:
    • For a completed offense, the required mens rea can vary. In some cases, such as arson, recklessness can be enough to establish guilt.
    • For an attempted offense, the mens rea requirement is generally stricter. The perpetrator must have a clear intention to commit the full offense.
  • Specific Application to Arson:
    • Completed Arson: Can be proven if the defendant acted recklessly, meaning they foresaw a risk of damage by fire but went ahead and took that risk anyway.
    • Attempted Arson (as per O'Toole): Requires the defendant to have the intention to cause damage by fire. Mere recklessness is insufficient.


Why is this Distinction Important?
  • Criminal Culpability: The law often views intentional acts as more culpable (deserving of blame) than reckless acts, especially when an offense is incomplete.
  • Proving Intent: Proving intention for an attempted offense can be challenging. Prosecutors must demonstrate that the defendant's ultimate goal was to complete the crime, even if their actions fell short.
  • Preventive Justice: The law of attempt allows for intervention and punishment even when a crime is not fully executed, serving as a deterrent and protecting potential victims. However, this power is balanced by the need for clear proof of malicious intent.


Questions for Self-Study:
  1. What is the mens rea generally required for a completed offense of arson?
  2. What is the mens rea specifically required for attempted arson, according to O'Toole (1987)?
  3. Explain, in your own words, why the legal system might require a higher standard of mens rea for an attempted offense compared to a completed one.
  4. If a defendant sets fire to a bin, genuinely believing it would not spread, but it did, resulting in minor damage, would they likely be charged with completed arson or attempted arson? What mens rea would be relevant for each? (Consider the O'Toole principle).


Remember: The O'Toole case highlights a crucial nuance in criminal law regarding the mental element required for different stages of an offense. Always consider whether the charge is for a completed crime or an attempt, as this can significantly impact the required proof of mens rea.

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​KembaraXtra- Case Law-Wan and Chan (1994) - Procurement and Scope of Authority
Case Name: Wan and Chan (1994)
Key Legal Issue: Procurement of grievous bodily harm (GBH) and the scope of authority of those carrying out the act.
Facts of the Case:
  • Wan (W) and Chan (C) suspected V of stealing C's valuable watch.
  • W and C allegedly arranged for V to be assaulted.
  • V was severely beaten, sustaining grievous bodily harm.
Court Decision (Held):
  • W and C were found not guilty of procuring the infliction of grievous bodily harm.
Reasoning for the Decision:
  1. Exceeding Scope of Instructions: The attackers went beyond the scope of what W and C had asked them to do. This implies that W and C's instructions likely involved a lesser degree of harm, not GBH.
  2. Lack of Consideration for Foreseeability: The jury never considered whether W and C had foreseen that the infliction of grievous bodily harm by the attackers was a substantial risk.
Key Legal Principle Illustrated (Referencing Chan Wing-Siu):
This case highlights the importance of the principle from Chan Wing-Siu regarding foreseeability in cases of procurement. For an individual to be guilty of procuring a more serious offense (like GBH) when they only intended a lesser offense, it must be established that:
  • They foresaw the more serious offense (GBH) as a substantial risk of the actions they procured.
Study Questions/Points to Consider:
  1. What is the legal definition of "procurement" in the context of criminal law?
  2. How does the "scope of authority" or "exceeding instructions" play a role in determining liability for procured acts?
  3. Why is "foreseeability of substantial risk" a crucial element when assessing liability for a more serious crime than originally intended by the procurer?
  4. If W and C had explicitly instructed the attackers to inflict GBH, would the outcome of this case likely have been different? Explain your reasoning.
  5. What lesson does Wan and Chan (1994) teach us about the responsibility of those who arrange for others to commit unlawful acts?

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​KembaraXtra- Case Law -Attorney General's Reference (No 1 of 1975)
This study guide will help you understand the key legal principles established in the case of Attorney General's Reference (No 1 of 1975).


Case Summary
  • Case Name: Attorney General's Reference (No 1 of 1975) (1975) CA
  • Facts:
    • 'A' (the secondary party) secretly added double measures of spirits to 'D's' (the principal offender's) drinks.
    • 'A' knew 'D' would be driving home.
    • 'D' subsequently drove with an illegal amount of alcohol in his system, making him criminally liable.
  • Issue: Can 'A' be held liable for procuring an offence even if they didn't share an intention with 'D' or positively encourage 'D'?
  • Holding: Yes. 'A' was liable for procuring the offence.


Key Legal Principles
The court's decision clarified the interpretation of "aid, abet, counsel, or procure" under Section 8 of the Accessories and Abettors Act 1861.
  1. Ordinary Meaning: The words "aid, abet, counsel or procure" should be given their ordinary meaning.
  2. Aiding, Abetting, Counselling: These acts almost always require a "meeting of the minds" between the principal offender and the secondary offender(s). This implies some level of agreement, understanding, or communication regarding the commission of the offence.
  3. Procuring:
    • No Meeting of the Minds Required: Crucially, procuring does not require a meeting of the minds between the principal and the secondary party.
    • Definition of Procure: "To procure means to produce by endeavour." This means the secondary party takes steps or actions that cause the principal to commit the offence, even if the principal is unaware of the secondary party's involvement or intention.


Understanding "Procuring"
The distinction between "procuring" and "aiding, abetting, or counselling" is vital.
  • Procuring focuses on the causation of the offence by the secondary party's actions, regardless of the principal's knowledge or agreement regarding those actions. The secondary party brings about the offence through their efforts.
  • Example from the Case: 'A's' actions (lacing the drinks) directly produced the situation where 'D' drove under the influence, even though 'D' was unaware of 'A's' intent to make him over the limit.


Common Law Terminology
  • Principal: The person who directly commits the primary offence.
  • Accessory: The person who aids, abets, counsels, or procures the principal in the commission of the offence.


Self-Assessment Question
Consider this: In what hypothetical scenario could aiding, abetting, or counselling arise where the parties had not explicitly met or discussed the offence? (This question encourages deeper thought about the "meeting of the minds" requirement for these specific forms of secondary liability).


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