ASSAULT DEFENCE LAWYERS IN TORONTO

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FIRST OFFENDER? AVOID A CRIMINAL RECORD.  416-DEFENCE.

Our practices helps everyday people achieve the best results when confronted with an Assault allegation. We specifically help First Offenders, avoid a criminal conviction for Assault, Domestic Assault and Sexual Assault. We defend young professional including those employed in the financial sector, law enforcement, construction, banking, sales, medicine, government, public transportation, students and even retirees charged with allegations of assault for their first time.

The Firm has been featured on CityNews and has handled a number of High Profile allegations in Toronto and is frequently consulted by the Media. In its R. v. T.M. [2014], over a period of several weeks, the Firm secured Judicial Interim Release for an Accessory to Murder two days before Christmas. The incident has been subject to significant media coverage on Global News. Our primary objective is to confidentially deliver a fresh start without a Criminal Record. The Firm also has a dedicated practice in Domestic Assaults, which involve allegations of assault between a spouse, including same-sex couples. In the Firm’s R. v. W.V. [2017], it secured a withdrawal of Assault with a Weapon against a provincial healthcare employee charged with trowing an over-baked pizza at her boyfriend’s head, causing lacerations.

The Criminal Law Group secured a withdrawal of all charges of Assault against the President of a Martial Arts Team competing in 2015 Toronto Pan Am Games in its R. v. J.F. [2015]. In April 2016, the Firm resolve an Assault Causing Bodily Harm allegation without a Criminal Record, where the accused kicked a 10 year old child in the groin at a Toronto Blue Jays game in its R. v. N.S. [2016].

The Firm also resolved a further allegation of Assault Causing Bodily Harm without a Criminal Record in its R. v. R.S. [2016], where the accused punched the victim in the face, breaking his zygomatic bone. The victim underwent three (3) reconstructive surgeries. After nearly three (3) years of litigation, it was revealed the victim sexually harassed the accused’s girlfriend prior to the confrontation.

An allegation of Domestic Assault often arises in the context of disputes with a spouse or cohabitant. These serious charges frequently arise in disputes that unexpectedly escalate between good loving people, creating an unwanted scenario for couples where the police continue to pursue charges, irrespective of the whether the complainant wishes to proceed. The Firm also has a dedicated practice in Criminal Harassment allegations in the context of Domestic Relationships. It has handled a number of allegations where repeated emails, text messages and phone calls are made to a spouse or ex-lover.

We frequently handle situations where a complainant impulsively calls the police to help defuse an escalating situation without the intention of laying charges. Once the police attend, however, charges are often still pursued. These charges further create an adverse situation where the parties can no longer communicate or live with one another, possibly for a long time. When approached by clients with charges of domestic assault in these scenarios, our ultimate goal is early, cost-efficient resolution. We have significant experience with legally resuming contact with your spouse or partner.

The Criminal Law Group secured a withdrawal in its new R. v. A.Y. [2014] for Assault Causing Bodily Harm strictly on the basis of an evidentiary technicality. It further secured a withdrawal of an allegation of assault against an Investors Group Employee in its R. v. C.L. [2014] and a CIBC Employee charged with Domestic Assault in its R. v. E.T. [2014]. Recently, the Criminal Law Group even secured a withdrawal of an allegation of Sexual Assault against a Jehovah Witness in its R. v. R.K. [2014].

The Firm has defended a series of other young professionals charged with Domestic Assault, including bankers, pharmacists, TTC employees, construction and Municipal workers, real estate agents and even other members of the Law Society. In its R. v. M.M. [2015], the Firm secured a withdrawal of Assault With a Weapon against a Toronto Paralegal.

The Firm has defended a number of High Profile Domestic Assault allegations in Toronto for men, women and a number of same-sex couples. The Firm secured a withdrawal of Assault with a Weapon in its R. v. P.L. [2015], where the accused, a City of Toronto employee was charged with throwing a key at his spouse. It further secured a full withdrawal of Assault with a Weapon against two women charged with throwing mascara and a purse at their male spouse, in its R. v. P.S. [2016] and R. v. R.S. [2015].

The Firm has also specialized in handling a number of High Profile Same-Sex Domestic Assault allegations in Toronto. It secured a full withdrawal of Criminal Harassment in its R. v. R.S. [2015]. It secured a full withdrawal of Assault where both same-sex males were severely injured in a mutual fight in its R. v. M.R. [2016]. The Firm also secured a withdrawal of Assault with a Weapon where the same sex partner pulled a kitchen knife on his spouse, in its R. v. P.T. [2016].

The Criminal Law Group has  defended a range of sexual assault allegations, specifically dated allegations of sexual assault and incest as far back as 1977. In our R. v. M.M. [2014], it defended the accused charged with Rape and Sexual Assault from nearly 40 years ago. In its R. v. W.C. [2015], it defended a dated allegation of incest from the complainants father from the 1980s.

The Firm is frequently consulted by the Media for High Profile Sex Offences in Toronto. The Firm specializes in defending a range of sex crimes, specifically Sexual Interference, Sexual Exploitation, Internet Luring, Child Pornography, Voyeurism and other related sex offences. In November, 2016, the Firm secured a withdrawal of Nine (9) Sex Offences against a Toronto TTC Driver Charged with Nine (9) Sex Crimes, including Luring.  In the Firm’s R. v. D.N. [2016], after a 3 day trial, the Firm secured a full acquittal on all counts of Sexual Assault, Sexual Interference and Invitation to Sexual Touching where the accused was alleged to have sexually assaulted a 10 year old child a decade ago.The Firm further secured a withdrawal of both Sexual Assault and Sexual Interference in its R. v. P.W. [2016], where the accused was alleged to have sexually assaulted his daughter in 2005.

Assault

What is an Assault?
What are some of Penalties for a Conviction of Assault?
What is an Assault with a Weapon?
What are some of the Penalties for a Conviction of Assault with a Weapon?
What is an Assault Causing Bodily Harm?
What are some of the Penalties for a Conviction of Assault Causing Bodily Harm?
What is Aggravated Assault?
What are the Penalties for a Conviction of Aggravated Assault?
What is a Peace Bond?
What happens if I Breach a s.810 Peace Bond?
What is the difference between a s.810 Peace Bond and a Common Law Peace Bond?

Domestic Assault

What is Domestic Assault?
What is the Difference between Domestic Assault and other allegations of Assault?
Can a Domestic Assault Charge arise between Homosexual Couples?
What are the Penalties for Domestic Assault?
What is Self-Defence?
What is a s.110 Weapons Prohibition?
Do you have to be Married to be Charged with Domestic Assault?
What is a Failure to Comply with Condition of an Undertaking or Recognizance?
What are some of the Penalties Associated with a Failure to Comply?
What is a s.743.21 Non-Communication Order?

Sexual Assault

What is Sexual Assault?
What are some of the Penalties for Sexual Assault?
What is the difference between Sexual Assault and Sexual Interference?
What is the Age of Consent?
What is Incest?
What are some of the Penalties for Incest?
What is a s.487 DNA Order?

Additional Resources

Assault
Assaulting a Peace Officer
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers

What is an Assault?
Section 265(1) of the Criminal Code sets out three scenarios that will constitute an assault:

  • When a person intentionally applies force to another person, either directly or indirectly, without their consent.
  • An act or gesture will constitute an assault if (1) a persons uses such an act or gesture to attempt or threaten to apply force to another person and (2) if this causes the other person to believe on reasonable grounds that the alleged attacker has the present ability to effect his purpose; or
  • When a person accosts or impedes another person or begs, while openly wearing or carrying a weapon or an imitation thereof.

This provision of the Criminal Code covers all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

All assaults require intention on the part of the alleged attacker. They also require an absence of consent from the complainant. However, the common law sets out some restrictions on when complainants can consent to assaults. A complainant cannot consent to a criminal act, such as assault, which may cause “serious hurt or non-trivial bodily harm.”

What are some of the Penalties for a Conviction of Assault?

Jordan Donich - Law Times.Penalties for a conviction of assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 266 of the Criminal Code sets out that a conviction of assault can result in a penalty of up to five years imprisonment when the Crown proceeds by indictment.

What is an Assault with a Weapon?

Section 267 of the Criminal Code sets out that an assault with a weapon occurs when an individual commits an assault (in one of the prescribed manners listed under Section 265) and during the commission of that assault carries, uses or threatens to use a weapon or an imitation thereof.

What are some of the Penalties for a Conviction of Assault with a Weapon?

Penalties for a conviction of assault with a weapon will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 267 of the Criminal Code sets out that a conviction of assault with a weapon can result in a penalty of up to ten years imprisonment when the Crown proceeds by indictment.

What is an Assault Causing Bodily Harm?

Section 267 of the Criminal Code sets out that an assault causing bodily harm occurs when an individual commits an assault (in one of the prescribed manners listed under Section 265) and during the commission of that assault causes bodily harm to the complainant.

What are some of the Penalties for a Conviction of Assault Causing Bodily Harm?

Penalties for a conviction of assault causing bodily harm will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 267 of the Criminal Code sets out that a conviction of assault causing bodily harm can result in a penalty of up to ten years imprisonment when the Crown proceeds by indictment.

 What is Aggravated Assault?

Section 268 of the Criminal Code sets out that an aggravated assault occurs when an individual commits an assault (in one of the prescribed manners listed under Section 265) and during the commission of that assault wounds, maims, disfigures or endangers the life of the complainant.

What are the Penalties for a Conviction of Aggravated Assault?

Penalties for a conviction of aggravated assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 268 of the Criminal Code sets out that a conviction of aggravated assault can result in a penalty of up to fourteen years imprisonment.

What is a Peace Bond?

Jordan DonichA peace bond is a court order requiring the Defendant to keep the peace and be of good behaviour for a specified period of time. To be of good behaviour, a person cannot be charged with a criminal offence while subject to a peace bond. It is also possible that other conditions will be attached to this order. For example, a peace bond may set out that the Defendant is prohibited from contacting or going near the home of the complainant; or it may prohibit the Defendant from possessing any firearms, ammunition or explosives.

A peace bond is similar to a recognizance of bail, in that it sets out that a Defendant must follow certain conditions. It also often requires a Defendant to pledge an amount of money to the court. By pledging money, the person is agreeing that if they break one or more of the conditions of the peace bond, than he or she may have to pay money to the court.

Peace bonds can be ordered pursuant to either Section 810 of the Criminal Code or by a justice or judge exercising the court’s common law jurisdiction to bind a party over to keep the peace.

Section 810 of the Criminal Code sets out that a peace bond may be ordered when an information is laid before a justice or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.

It is important to note that agreeing to enter into a peace bond does not give you a criminal record. There is no conviction or finding of guilt. However, a peace bond may show up on a criminal record check when it is active. Additionally, the breach of a Section 810 peace bond may result in a criminal record.

What happens if I Breach a s.810 Peace Bond?

There are many potential consequences if you breach a Section 810 peace bond. If you have guaranteed a monetary amount with your peace bond, than you may be expected to pay that amount in the event of a breach.

Furthermore, Section 811 of the Criminal Code sets out that it is a criminal offence for a person bound by a Section 810 peace bond to breach that recognizance. A conviction under Section 811 could result in a penalty of up to two years imprisonment if the Crown proceeds by indictment.

What is the difference between a s.810 Peace Bond and a Common Law Peace Bond?

A common law peace bond is issued pursuant to the court’s common law jurisdiction. Comparatively, a Section 810 peace bond is grounded in the statutory language of the Criminal Code.

The main difference between the two is that the Section 810 peace bond is limited by the wording of the statute. It can only be issued for a maximum of one year. It is issued in situations where a person fears on reasonable grounds that another person will cause personal injury to himself or his spouse, common-law partner or child, or will cause damage to his property. Section 810 has a number of statutory conditions that are attached to it. Section 811 of the Criminal Code clearly contemplates the consequences when a Section 810 peace bond is breached.

If a court decides to issue a common law peace bond there are no time limitations on the duration of the peace bond. Furthermore, it is not restricted by statutory language or conditions, but rather is issued pursuant to the court’s jurisdiction to bind a party to keep the peace.

What is Domestic Assault?

citynews-jordan-donich-torontoDomestic assault is an assault, as defined under section 265 of the Criminal Code that occurs in the context of an intimate relationship.

Section 265(1) of the Criminal Code sets out three scenarios that will constitute an assault:

  1. When a person intentionally applies force to another person, either directly or indirectly, without their consent.
  2. An act or gesture will constitute an assault if (1) a persons uses such an act or gesture to attempt or threaten to apply force to another person and (2) if this causes the other person to believe on reasonable grounds that the alleged attacker has the present ability to effect his purpose; or
  3. When a person accosts or impedes another person or begs, while openly wearing or carrying a weapon or an imitation thereof.

If one of the above assaults takes place in the context of an intimate relationship, it falls into the category of “domestic assault.”

What is the Difference between Domestic Assault and other allegations of Assault?

Assault covers a wide range of situations and relationships between individuals. Assaults can happen between strangers, neighbours, friends, family members or basically any other two individuals in society. Comparatively, domestic assaults are a particular category of assaults that occur between intimate partners.

Domestic assaults are treated differently by the Crown prosecutor, because of the heightened awareness around the issue. The Crown Policy Manual states that domestic assaults will be prosecuted “with vigour” and it identifies domestic abuse as a prevalent social problem. Crown policy states that given the prevalence of partner abuse and the dangers inherent in it, it will usually be in the public interest to proceed with  these prosecutions.

In some jurisdictions there are special “Domestic Violence” courts that deal with charges related to intimate partner crimes on a special date and time, separately from other criminal matters.

Can a Domestic Assault Charge arise between Homosexual Couples?

Yes, intimate relationships include those between both opposite sex and same sex partners.

What are the Penalties for Domestic Assault?

Penalties for a conviction of domestic assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 266 of the Criminal Code sets out that a conviction of assault can result in a penalty of up to five years imprisonment when the Crown proceeds by indictment. The same penalty applies to assaults in the domestic context.

However, domestic assaults do differ from other assaults because they often occur between persons who live in the same home. As such, they almost always result in the police holding a person charged with domestic assault overnight, until they can have a bail hearing in the morning. Assault charges also often involve a bail condition that the accused not communicate with the complainant, which is particularly troublesome and can be a much larger burden in the domestic context.

What is Self-Defence?

Self defence is an absolute defence the accused can raise to try and avoid liability for committing an offence. Self defence raises a “justification” defence – meaning that it challenges the wrongfulness of an action which technically constitutes a crime. In such circumstances, we consider the actions rightful, not wrongful. For example, if someone is in the process of attacking you with a weapon and you punch them in the face to stop them, this is technically an assault but it is justified in the circumstances as self defence.

Self defence is a statutory defence controlled by Section 34 of the Criminal Code, which sets out that a person is not guilty of an offence if their action, which would normally constitute a criminal act, satisfies the following 3 criteria:

  1. They believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
  2. The act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
  3. The act committed is reasonable in the circumstances.

Section 34(2) of the Criminal Code sets out that when deciding if an act constitutes self defence the court shall consider the circumstances of the person, the other parties and the act. The statute lists the following factors as relevant, but acknowledges the inquiry is not limited to these factors:

  1. The nature of the force or threat;
  2. The extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
  3. The person’s role in the incident;
  4. Whether any party to the incident used or threatened to use a weapon;
  5. The size, age, gender and physical capabilities of the parties to the incident;
  6. The nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
  7. (f.1) Any history of interaction or communication between the parties to the incident;
  8. The nature and proportionality of the person’s response to the use or threat of force; and
  9. Whether the act committed was in response to a use or threat of force that the person knew was lawful.

What is a s.110 Weapons Prohibition?

Jordan Donich Trial LawyerSection 110 of the Criminal Code permits discretionary weapons prohibition orders to be made. A discretionary order means that a judge has the option to make an order if one of the listed offences is involved and an application is made; however, he or she is not required to make an order. Such a discretionary order can be made if a person is convicted or discharged of:

1. An offence that involves violence; or

2. An offence that involves a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, or explosive substance, and the offender was prohibited from possessing such items at the time of the offence.

An order under Section 110 will prohibit the possession of firearms, crossbows, restricted weapons, ammunition, or explosives, prohibited weapons, prohibited devices, and prohibited ammunition for a maximum of up to ten years.

For a Section 110 order to be made, the order must be in the interests of the safety of the accused and other members of the public. Under Section 110(3) if the judge declines a request for an order under Section 110, the judge must give reasons for declining.

Do you have to be Married to be Charged with Domestic Assault?

No, you do not have to be married to be charged with domestic assault. Intimate relationships vary in duration and legal formality, and include current and former dating, common law and married couples.

What is a Failure to Comply with Condition of an Undertaking or Recognizance?

Section 145 of the Criminal Code makes it a crime not to comply with a condition of an undertaking or recognizance. Often a court or police officer will order persons to comply with certain conditions, most commonly through a recognizance of bail or through an undertaking. Once these conditions are ordered, it is a criminal offence to breach one.

The Criminal Code sets out a number of elements required for an individual to be guilty of the offence failure to comply:

  1. A person must be at large on an undertaking or recognizance given to or entered into before a justice or judge
  2. He or she must be must be bound to comply with a condition of that undertaking or recognizance;
  3. He or she must fail, without lawful excuse to comply with the condition

For example, if you are released from custody on a recognizance of bail, you will be subject to conditions. If one of those conditions is to abstain from the consumption of alcohol and a police officer finds you in a bar or tavern, you will be charged with the offence “failure to comply with condition of undertaking or recognizance” under Section 145(3) of the Criminal Code.

What are some of the Penalties Associated with a Failure to Comply?

Section 145(3) of the Criminal Code sets out that a conviction of failure to comply with condition of undertaking or recognizance can result in a penalty of up to two years imprisonment when the Crown proceeds by indictment.

A conviction for failure to comply will result in a criminal record.

What is a s.743.21 Non-Communication Order?

A non-communication order is an order that a judge can make upon sentencing that prohibits the defendant from communicating with a named individual.

Section 743.21 sets out that the sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

Such an order is meant to prohibit convicted individuals from communicating in any manner with victims, witnesses or any other person listed in the order while in custody.

What is Sexual Assault?

Sexual Assault is an offence under Section 271 of the Criminal Code. Sexual Assault is an assault of a sexual nature where the sexual integrity of the victim is violated. To determine whether an assault has the requisite sexual nature requires assessing whether a sexual or carnal context is visible to a reasonable observer. The Supreme Court of Canada has said that several factors are relevant when making this assessment, including:

  • The part of the body touched;
  • The nature of the contact;
  • The situation in which it occurred;
  • The words and gestures accompanying the act;
  • All other circumstances surrounding the conduct, including threats which may or may not be accompanied by force.
  • The accused’s intent or purpose as well as his motive, if such motive is sexual gratification, may also be factors in considering whether the conduct is sexual.

It is also important to note that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather that the act is of a sexual nature that violates the sexual integrity of the victim.

There are three offences of sexual assault outlined in the Criminal Code that criminalize sexual assaults depending on their varying degrees of severity:

  • Section 271 – Sexual Assault (encompasses all assaults of a sexual nature violating the sexual integrity of the victim not covered by the other two provisions).
  • Section 272 – Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm can arise in four situations when a person who while committing a sexual assault, also does one of the following:
    • (a) Carries, uses or threatens to use a weapon or an imitation of a weapon;
    • (b) Threatens to cause bodily harm to a person other than the complainant;
    • (c) Causes bodily harm to the complainant; or
    • (d) Is a party to the offence with any other person.
  • Section 273 – Aggravated Sexual Assault occurs when an accused, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

What are some of the Penalties for Sexual Assault?

Penalties for sexual assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of aggravating or mitigating factors. Penalties also vary depending on which of the sexual assault offences an individual is charged with.

Section 271 of the Criminal Code sets out that a conviction for sexual assault can result in up to ten years imprisonment if the Crown proceeds by indictment. There is a minimum penalty of one-year imprisonment if the complainant is under the age of sixteen. The offence is also punishable on summary conviction by a penalty of up to eighteen months imprisonment. There is a minimum penalty of ninety days imprisonment if the complainant is under the age of sixteen.

Section 272 of the Criminal Code sets out that a conviction for sexual assault with a weapon, threats to a third party or causing bodily harm can result in up to fourteen years imprisonment. There are also minimum imprisonment terms for offences that involve firearms, are committed in relation to a criminal association, are subsequent offences or that involve a complainant under the age of sixteen.

Section 273 of the Criminal Code sets out that a conviction for aggravated sexual assault can result in life imprisonment. There are also minimum imprisonment terms for offences that involve firearms, are committed in relation to a criminal association, are subsequent offences or that involve a complainant under the age of sixteen.

What is the difference between Sexual Assault and Sexual Interference?

The main differences between sexual assault and sexual interference are the age of the complainant and the nature of the sexual contact.

Sexual interference charges can only arise in situations where the complainant is under the age of sixteen years of age. Comparatively, sexual assault charges arise anytime there is an assault of a sexual nature, regardless of the age of the complainant.

Sexual interference requires touching of a young person, either directly or indirectly, for a sexual purpose. Comparatively, sexual assault may occur without touching between persons. Sexual assault covers a broader range of conduct.

What is the Age of Consent?

The age of consent refers to the age at which a young person can legally consent to sexual activity. The age of consent for sexual activity in Canada is sixteen years old. Nobody under the age of sixteen can legally consent to sexual activity and it is a criminal offence to engage them in sexual acts. There are “close in age” or “peer group” exceptions.

The age of consent where sexual activity “exploits” the young person (i.e. prostitution) is eighteen years of age.

It is important to note that all sexual activity without consent, regardless of age, is also a criminal offence.

What is Incest?

Incest is the act of engaging in sexual intercourse with a relative. Section 155(1) of the Criminal Code sets out that an individual commits incest when he or she engages in sexual intercourse with someone knowing that person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild.

To be convicted of incest there must be:

  • Sexual intercourse;
  • Between persons who are one of the following blood relations to each other: parent, child, brother, sister, grandparent or grandchild;
  • It must have been known the parties were of blood relation.

What are some of the Penalties for Incest?

Penalties for incest will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of aggravating or mitigating factors.

Section 155(2) of the Criminal Code sets out that a conviction for incest can result in up to fourteen years imprisonment. There is a minimum penalty of five years imprisonment if the complainant is under the age of sixteen.

What is a s.487 DNA Order?

Section 487 DNA orders are discretionary orders made at sentencing for an offender’s DNA to be collected and added to a national database. This order is made after an accused person has been convicted, discharged or found not criminally responsible for an offence that falls under Section 487 primary or secondary designated offences. The DNA is taken by a law enforcement official and then entered into a Convicted Offenders Index.

Section 487 also allows the Crown to apply to a provincial judge for an order to take DNA from an individual for the purpose of forensic DNA analysis for the purposes of investigating a criminal offence.

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