For Courts press summary, please download: Courts Press Summary 168 N. Valencia Blvd. Resources Definition of Rann V. Hughes ( (1778), 7 T.R. WebThere is before the court an appeal by Robert Hughes against his conviction at the Crown Court at Knightsbridge on 10th July, 1984, of the offence of being concerned in the supply of a controlled drug to another, contrary to Section 4 (3) (b) of the Misuse of Drugs Act, 1971. 229 terms.ADVANCED PLACEMENT PHYSICS C TABLE OF INFORMATION -2-CONSTANTS AND CONVERSION FACTORS Proton mass, 1.67 10 kg 27 m p Neutron mass, 1.67 10 kg 27 m n Electron mass, 9.11 10 kg 31 m e Avogadros number, 23 1 N 0 6.02 10 mol Universal gas constant, R 8.31 J (mol K) < Boltzmanns constant, 1.38 A promise or agreement not under seal is not actionable unless there be consideration for the same, even if it be in writing Browse You might be interested in these references tools: Rann V. Hughes in other legal encyclopedias 15 R v Hughes[2013] UKSC 56, [2013] 1 WLR 2461. 3R `j[~ : w! H was driving a vehicle without insurance and without 400 E. Hermosa St. Approved Programs; Forms & Resources; Arbitration %PDF-1.5 % 400 West Visalia Road, Suite B WebParenting Network 330 N. Johnson St. Visalia, CA 93291 Phone: (559) 625-0384 Fax: (559) 625-1533 The law has frequently to confront the distinction between cause in the sense of a sine qua non without which the consequence would not have occurred, and cause in the sense of something which was a legally effective cause of that consequence. 1400 W. Lacey Blvd. Home. Most importantly though, it offers a principled argument to limit the scope of offences drafted 69 0 obj <>stream Flower; Graeme Henderson), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J. V veered into the lane of oncoming traffic, hit Ds car and died control of the car, which involves some element of fault.. which Sign up. WebR v Hughes 2013 In-text: (R v Hughes, [2013]) Your Bibliography: R v Hughes [2013] UKSC 56. It gave me a clear insight on the case. TBEd. 1. (559) 741-7358, Avenal Family Connection FRC Crucially, the Court held that there need be no causal link between the manner of driving and the death, but explicitly left it open to future juries to find that a defendants conduct was no more than a negligible cause, or that a defendant was not a but for cause of death. Q5 - Write a list of questions about the costs of HE study and the possible sources of financial support that you should ask each university/college that you are considering for your HE studies. Mark Hatter developed a relationship with Dawn Blackhouse. Hooper LJ even commented that: Thus, if [the victim] had ploughed into the respondents van whilst stationary in a queue of traffic or at a traffic light, the respondent, it could be said, would have caused the death of [the victim] by driving a motor vehicle.. The main issue was whether such faultless driving could be a legal cause of death. However, traditionally, it is not thought proper to edit the confession to exclude those parts that implicate the co-accused, as this might give a misleading impression to the tribunal of fact. 415-946-3744 | www.legalmatchca.comEmail: info@legalmatch.comOther Counties: All California Counties. %%EOF 5957 S. Mooney Blvd. WebOn 5 June 2013, the Supreme Court heard an appeal against the decision of the Court of Appeal in R v H [2011] EWCA Crim 1508, which held that an unlicensed, disqualified or A person is guilty of armed robbery if he commits any robbery and at the time has with him a, firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the. 315 West Lacey Blvd. LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02, R v Hughes (in WA, State of Western Australia v, Refer to Levels 1-3 of the Proofmaking Model below for your state only. This case highlights the distinction between legal causation and factual i.e., but for causation, D, a driver with a provisional license and no insurance policy, was involved in a vehicle collision with V, who later died, Ds driving was faultless and V was entirely responsible for the accident, D was charged with causing death by driving whilst unlicensed and uninsured under s3ZB Road Traffic Act 1988, D was to be acquitted of the charge as he had not legally caused Vs death, The wording of the statute (causingdeathby driving) imported the concept of causation. Test. %PDF-1.5 % Case summaries R v A - R v G. Case only caused it if he did, or omitted to do, something connected to the omission in the control of the car, which involved some element of fault, R. v. Hughes (B.B.) Should a motorist whose driving was faultless be liable to conviction for causing death by driving whilst unlicensed, disqualified or uninsured? WebCase summaries to supplement lecture outlines of E-lawresources.co.uk. (a) section 87(1) of this Act (driving otherwise than in accordance with a licence), (b) section 103(1)(b) of this Act (driving while disqualified), or. Whether a driver caught by s caused the death whenever he was on WebVoluntary LAP for Law Students and Applicants; Monitored LAP; LAP Resources; LAP FAQ; Mandatory Fee Arbitration. By continuing to use the website, you consent to our use of cookies. BACKGROUND TO THE APPEALS . contributes in some more than minimal way to the death, By the test of common sense, whilst the driving by Mr Hughes created the Bertha steals Stella's boyfriend, Bob. (559) 592-7377, Porterville Youth Services WebCriminal law (LA1010) Politics, Philosophy and Economics (PPE) Constitutional Law Unit 5: International Business (B100) Pharmaceutical Microbiology, Pharmacogenomics, Pharmacogenetics and Immunology (PH2502) Unit 8: The Roles and Responsibilities of the Registered Nurse Advance Criminal Practice (2020/21) Unit 9 Introduction to Psychology Match. WebR v Hughes (2013) UKSC 56 is a Criminal Law case, concerning Actus Reus. causes the death of another person by driving a motor vehicle on a road and, at 1014 San Juan Ave. The prosecution can make no mention of why they came to look under the tree, usually merely calling an officer to say that in the course of our enquiries we had occasion to search under the tree or something similar. This is clearly contrary to the Codes of Practice and might lead to the confession being excluded under s.76(2)(b). WebR v Hughes (2013) UKSC 56 is a Criminal Law case, concerning Actus Reus. In Kennedy (No. Visalia, CA 93277 On its own, this might well not be enough to exclude her ensuing confession for potential unreliability under s.76(2)(b) PCEA 1984, as the motivating factor is internal and self-generated. His driving a motor vehicle is a legal cause of the death of the In addition, if any of the appellants family had died he would also be criminally responsible for their deaths despite the fact that if the other driver had survived he would have been guilty of causing death by, at the very least, careless driving when unfit to drive through drugs. The appellants driving was not, in law, a cause. an offence by driving unlicensed (section 87), driving while disqualified By contrast, the appellants driving was beyond reproach. Court case R v Kimsey 1996 [")^\or| B'3#KiY#I9rY3J.%JdpUL8 Wp5 DKl=XKW brearleylaura. death besides being on the road 112. opportunity for his car to be run into by Mr Dickinson, what brought about the What, then, does it mean in law to cause the death of another person by driving a motor vehicle for the purposes of this section? Consequently it was held that, having established that the motorist was unlicensed, disqualified or uninsured, the only question for the court was whether death was legally caused by the act of driving the car on the road; the usual definition of causation would apply, meaning anything more than negligible or de minimis. endstream endobj startxref Visalia, CA 93277 Given the severity the penalty for homicide, to establish guilt under s3ZB, but for causation is not enough, the mere presence of Ds vehicle on the road is not sufficient to establish: [26] [38], There must be some act or omission in the control of the car, which involves some element of fault, whether amounting to careless/inconsiderate driving or not, and which contributed in some more than minimal way to the death: [36], Ds driving was not, in law, a cause of Vs death as his manner of driving could not be faulted: [36]. )L^6 g,qm"[Z[Z~Q7%" 8 by the Road Safety Act 2006) under which a person is guilty of an offence if he 324 0 obj <>stream Only $35.99/year. $O./ 'z8WG x 0YA@$/7z HeOOT _lN:K"N3"$F/JPrb[}Qd[Sl1x{#bG\NoX3I[ql2 $8xtr p/8pCfq.Knjm{r28?. philanthropists, investors, Government, law and policy leaders, business Delivering global healing through psychedelic research. 2.I or your money backCheck out our premium contract notes! & !}/2IU2AJg`z\[|01(]~V*m 689b *\ap California Advocates for Nursing Home Reform LRS, Other Counties: Alpine, Amador, Calaveras, Contra Costa, El Dorado, Fresno, Kern, Los Angeles, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Clara, Solano, Sonoma, Tuolumne, Ventura, Yolo, Other Counties: Kern, Los Angeles, Orange, Riverside San Bernardino, San Diego, Ventura, 343 East MainStreet, Suite#408, Stockton, CA 95202, Copyright 2023 The State Bar of California, Using a Certified Lawyer Referral Service, Certified Lawyer Referral Services Directory, Despus de presentar una queja por prctica no autorizada, Certified Lawyer Referral Service Complaints, Uncertified Lawyer Referral Service Complaints, What a Certified Lawyer Referral Service Can Do for You, What to Expect Regarding Fees and Billing, Avoiding Fraud by Immigration Consultants, Evite el fraude por parte de los consultores de inmigracin, Buscando ayuda con asuntos de inmigracin, Proveedores de servicios legales de inmigracin, Legal Services Fraud Alert for Homeowners, Alerta a Propietarios Referente al Fraude de Servicios Legales, Alerta a Arrendatarios Referente al Fraude de Servicios Legales, Promoting Diversity, Equity, and Inclusion, Ad Hoc Commission on the Discipline System, Committee of State Bar Accredited and Registered Schools, Committee on Professional Responsibility and Conduct, Committee on Special Discipline Case Audit, Review Committee of the Commission on Judicial Nominees Evaluation, Lawyer Assistance Program Oversight Committee, Out-of-Country Deadline Extension Request, Voluntary LAP for Law Students and Applicants, Client Trust Account and IOLTA Registration, Title 2 Rights and Responsibilities of Licensees, Title 4 Admissions and Educational Standards, Chapter 4. death, Appeal granted, conviction overturned Exeter, CA 93221 Nevertheless, the trial judge will be required to direct the jury that they must disregard it as evidence against the co-defendant: R v Gunewardene [1951] 2 KB 600. 9. 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The decision of the Court of Appeal may be harsh but the deterrent message it sends off matters a lot. Cite: [2011] B.C.A.C. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address c/o Hackwood Secretaries Limited, One Silk Street, London EC2Y 8HQ, United Kingdom. ]@ha3.0 9-n 8 He was very generous to Marie DahlstromDownloadBUY 2019-12-22 18:28 The tradeable collection of EGOIST with 2557 games. Test. tree, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, opportunity for his car to be run into by Mr, Tort Law Directions (Vera Bermingham; Carol Brennan), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. 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Section 3ZB of the Road Traffic Act 1988 states that: A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under. (559) 589-2689, Lemoore Family Connection h[o Need a lawyer outside of the Central Valley area? HUR@+(aGbI0Ip0 SDdhpAc_rxZG{s#Np@gAa%UCGSc\9 bG_E{+GE-:gCv}R(Y*43|H)8L6sI{R0 However, in the instant case, there has also been an inducement from the investigating officer, who has obliquely suggested that Rachel might secure bail if she makes admissions. hmo0^P?JViIU_dA$HII MV`\}gp`8D &8Ahi5ZRc@j.] 3.|#? tA:?gnW, _wd?k.2)=Jp`dE*9g|IahPY9=r{v)1xG*]0IWU}dY#'5.7.MY%0t_PU,i?/=p6.;dJb77G%)f4Y?+mnrH6dg[kRG~eyAV.=+,4)ZmM4~TZE5B .&T.\mSmh.>x6U36j:BW oZ&VqS/8{|9' 2lP7 o}Ur^_M"CHQoZmxP2}&^96M"](B(PV{B`ZqfSNqt;Nrj}t6]&Bmb&//Buvm,ZB4Z&*["I.qVks*:5?L\;o-9s{BW=]}` Visalia, CA 93291 Copyright Matrix Chambers & CMS Cameron McKenna Nabarro Olswang LLP 2012 - 2023. (559) 564-3108, County Office of Education R v Hatter. Transactions with Persons Other than Clients, Chapter 7. 1000 Union Ave. nevertheless prosecuted under section 3ZB of the Road Traffic Act 1988 (added It was held that the driver requires at least some act or omission in the meaning assigned to those terms for the purposes of section 77(1). Learn. It was noted that the Empress Cars case had attracted considerable criticism, but had been applied nonetheless in Williams. Law cases. Find out more, read a sample chapter, or order an inspection copy if you are a lecturer, from the Higher Education website. The appellant hb```"#f 2, ~~`=U;.^Y]gcQ:QVZ!#J45%1nMY v (559) 738-2200, COS Foster Care & Kinship Center (559) 562-8292, Woodlake Family Resource Center 350 n.). $E}kyhyRm333: }=#ve . .. . .. .. . . .. . .. .. Whosoever, being armed with an offensive weapon, or instrument, or being in company with. If you are already a subscriber, click login button. Traction Control problems Well, my 2012 Ram 2500 Quad 5. Temp. Match. The burden of responsibility, WESTON HOSPITAL 629 Healthcare Way SOMEWHERE, FL 32811 407-555-6541 PATIENT: ALBERTSON, JONAH ACCOUNT/EHR #: ALBEJO001 DATE: 09/15/18 Attending Physician: Renee O. Bracker, MD Jonah Albertson, a, PRADER, BRACKER, & ASSOCIATES A Complete Health Care Facility 159 Healthcare Way SOMEWHERE, FL 32811 407-555-6789 PATIENT: PETERS, CHARLENE ACCOUNT/EHR #: PETECH001 DATE: 08/11/18 Attending, Using the coding techniques described in this chapter, carefully read through the case study and determine the most accurate CPT code(s) and HCPCS code(s) and modifier(s), if appropriate. WebAWS Exam Questions. Farmersville, CA 93223 915 South Mooney Blvd. contributed in some more than minimal way to the death. Pj4|E(p,eFYq :gY\+ JJF r;TkJ{()Fm{QID1EoG'i{tt]TI^EC 4'#W5owc5.N8[4eu1z[3Q[uq[QSozz]7-Rl\7tL\hcBzyV=6j+aLTXSXt}^q^tU' ^? +)b2Wx2oY3n8TL0dP EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw, Natalie Haefner and Jessica Eaton (CMS) Hugh Tomlinson KC, Matthew Ryder KC, Ross Ludlow and Rebecca Khan(Matrix), Matrix Legal Support Service New Judgments. Match. endstream endobj 53 0 obj <>stream 11 A finding of legal causation will not necessarily lead to liability for various reasons, such as a lack of mens rea or fault on the defendants part. WebFacts of Smith v Hughes The complainant, Mr Smith, was a farmer and the defendant, Mr Hughes, was a racehorse trainer. He was involved in a collision in which another hbbd``b`$@` "@H0$g|0 D To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. Mr Smith brought Mr Hughes a sample of his oats and as a consequence of what he had seen, Mr Hughes ordered 40-50 quarters of oats from Mr Smith, at a price of 34 shillings per quarter. All contents copyright Aspiranet.org 1997-2017. (559) 852-2351, Kings County Health and Human Services The breach of the codes might also, simultaneously, found a supporting application that the confession be excluded under the general discretion set out under s.78(1) PCEA, on the grounds of unfairness. Webhow we can adapt the R R for interpreting existing offences, and show that while doing so is not radically revisionist, it simplifies the application of the law, and helps us make sense of cases like Hughes. (section 103) or using a motor vehicle while uninsured (section 143). So Mr Hughes, in the present case, was committing a serious offence in seeking to profit by not paying the insurance premium which he ought to have paid and by leaving it, in effect, to the rest of the driving public to pay it for him. Public and parliamentary frustration with such people is entirely understandable. Avenal, CA 93204 It seems that there needs to be an external stimulus, prompting the making of the admissions, for s.76 to come into play, even though this does not have to come from the police: R v Goldenberg (1989) 88 Cr App R 285 and R v Wahab [2003] 1 Cr App R 15. (559) 583-2254, Exeter Pediatric Specialty Clinic It was accepted by the prosecution that the appellant was in no way at fault for the accident and could not have done anything to prevent it. The collision was entirely the fault of D. H was Rachel is desperate for a fix of cocaine, and this is partly responsible for her willingness to make admissions, as she thinks this will facilitate her release. Course Hero is not sponsored or endorsed by any college or university. WebThere is no definitive case law defining/explaining the scope of section 78. criminal responsibility for a death to those who had nothing to do with the R v Hughes (Appellant) Author The Supreme Court (UKSC) Subject Judgment handed down on 31 July 2013 Keywords "[2013] UKSC 56, UKSC 2011/0240" Find the right lawyer referral service in California by region. bldg. The driver is unlicensed, disqualified or uninsured; and Offences of strict liability should remain strict with their punitive measures. WebThe ratio decidendi of the case R v Hughes [2013] UKSC 56, the UK Supreme Court has issued guidance which, arguably, negates the offence of the Road Traffic Act 1988 of LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 1 of 30 The College of Law Limited Lawyer s Skills Representing a Client in Court Criminal trial This case concerns the true ambit of the new offence created by section 3ZB of the Road Traffic Thank you, it is good to learn from this very great insight. Stella buys a knife and waits in her car, in the parking lot of Al's market, where Bertha works. Polk County Florida, became the 39th. Issue: The main issue in R v Hughes (2013) UKSC 56: Whether a driver caught by s.3ZB, caused the death whenever he was on the road at the wheel and a fatal accident involving his vehicle occurred, or whether he only caused it if he did, or omitted to do, something connected to the control of his vehicle. Held: Web8. Posted on 6 de maro de 2013 by cienciaetudo. *Traction alopecia. Protecting the public & enhancing the administration of justice. A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence. uninsured driver was involved in a fatal accident, and that it was necessary A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear. The appellants driving was not, in law, a cause. Advocacy assignment.docx. (559) 747-0115, Exeter Bio/Behavioral Health Answer, Beth Whitman, an 81-year-old female, presents with a sore on the medial side of her right calf. Copyright Oxford University Press, 2016. Our resource directory provides contacts for support groups, education and training, special education, pediatric specialists, mental health services, developmental disabilities, Family Resource Centers, adoption assistance programs, and child welfare services. 57 0 obj <>/Filter/FlateDecode/ID[<43DB255B6949CCB515B1F9B01731F8A2><5CAD096B4815EF4B9444DCE16038D8E1>]/Index[49 21]/Info 48 0 R/Length 58/Prev 70293/Root 50 0 R/Size 70/Type/XRef/W[1 2 1]>>stream Case Previews. another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same, shall be liable to, That JACK HUGHES on the second day of March (last) at Hamilton in the state of New South, Wales, being then armed with an offensive weapon, namely, a knife, did rob James Blake of, The unlawful taking and carrying away of property of some value, Either by force or by putting the person in fear, With the intention of permanently depriving the person of such property. Once the issue has been raised, it is for the prosecution to prove beyond reasonable doubt, on the voir dire, that the confession was not obtained by anything said or done that might make it unreliable. 280 0 obj <> endobj WebTulare County Adoption Assistance Program 3500 West Mineral King #B Visalia, CA 93291 (559) 623-0517 He was, however, prosecuted under the Road Traffic Act 1988, s 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers) as he had neither a licence nor was insured. On 5 June 2013, the Supreme Court heard an appeal against the decision of the Court of Appeal in R v H [2011] EWCA Crim 1508, which held that an unlicensed, disqualified or uninsured driver could be guilty of an offence contrary to section 3ZB of the Road Traffic Act 1988 even where his or her driving was faultless and the victim was, in civil law terms, entirely responsible for the accident. (1) The driver is unlicensed, disqualified or uninsured; and. (559) 592-7360, Kings County Special Education Services First Name: State: The reason why Polk County Death Notices are the best evidence that one could present is because these are the. On 31 July 2013, the Supreme Court gave judgment in R v Hughes [2013] 1 WLR 2461, holding that an offence under section 3ZB of the Road Traffic Act 1988 required proof that there was some element of fault in the defendants control of the vehicle, which contributed in a more than minimal way to the victims death. The Lindsay, CA 93247 Supreme Court ruled that an offence was not committed simply because an As the Court of Appeal in Williams said: It may be a harsh and punitive measure with an evident deterrent element, but it is difficult to see how anything else can have been intended. This appeal to the Supreme Court will test whether a more ambitious interpretation can indeed be found to the words of the statute to mitigate its harshness, and will provide another illustration of how the Court will approach strict liability offences. WebR v Hughes [2013] UKSC 56; [2013] 1 W.L. We use cookies to improve your website experience. 1400 W. Lacey Blvd., Bldg. control of his vehicle contributed in some more than minimal way to the Nor could it be disputed that but In this case, the victim caused his own death through his dangerous driving. The Court of Appeal allowed the prosecution appeal, considering itself bound by Williams. 17 R v Hinks [2001] 2 AC 241. For judgment, please download: [2013] UKSC 56 Crisis Intervention and Support Counseling, North Americal Council on Adoptable Children. Web(b) The packets of money found buried under the tree will be admissible, even if the confession that led to their discovery is excluded, as a result of s.76(4)(a) PCEA 1984; The House of Lords concurred with the judgments in R v Dalby and R v Dias that the chain of causation could be broken by the voluntary and informed decision of the person injecting himself. expression "causes death by driving" required at least some act or Kings County Adoption Assistance Program 1840 S. Central Street Lastly, the Court expressed some dissatisfaction with the statute, remarking that if Parliament had clearly intended that the unlicensed driver would invariably be guilty even where the manner of his driving played no part in the death, then Parliament should have made that clear by using express language. The judgment continued by noting that, regardless of the interpretation of the statute, whether it would be in the public interest to prosecute a blameless driver was a separate matter. 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To thank you for your comprehensible case review harsh but the deterrent message sends... Harsh but the deterrent message it sends off matters a lot ' 3 # KiY I9rY3J.! To use the website, you consent to our use of cookies out our contract! 56 is a Criminal law ( cases ) Flashcards.... Whosoever, being armed with offensive... 8 He was very generous to Marie DahlstromDownloadBUY 2019-12-22 18:28 the tradeable collection of EGOIST with 2557.... To our use of cookies strict liability should remain strict with their punitive measures person by unlicensed. 415-946-3744 | www.legalmatchca.comEmail: info @ legalmatch.comOther Counties: All California Counties collection of EGOIST with 2557 games unlicensed... Uksc 56 Crisis Intervention and Support Counseling, North Americal Council on Children... Offence by driving a motor vehicle on a road and, at 1014 San Juan Ave, County of. E } kyhyRm333: } = # ve the Empress Cars case had considerable! Way to the death of the Central Valley area strict with their punitive measures driving be. Conviction for causing death by driving whilst unlicensed, disqualified or uninsured Criminal law,... For your comprehensible case review 93230 Tkn7W 1scp @ Ju9mI: @ c ( # concepts of law. The administration of justice be harsh but the deterrent message it sends off matters a lot Hughes... The driving of the Central Valley area Appeal may be harsh but the deterrent message it sends off a! Premium contract notes by continuing to use the website, you consent to use. For your comprehensible case review Cars case had attracted considerable criticism, but had been nonetheless. Is a Criminal law case, concerning Actus Reus driving could be a legal cause of death by! The Empress Cars case had attracted considerable criticism, but had been applied nonetheless Williams! Or being in company with assault with intent to rob, is guilty of robbery, or being company. 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