Dangerous Driving VS Careless Driving

Everyone makes mistakes, but when you’re driving a vehicle, even a brief lapse of judgement or attention can have deadly consequences.

Driving offences in Canada carry particularly severe penalties. But the punishments depend on what you’re charged with—careless, or dangerous driving.

In Canada, there are approximately 160,000 car accidents each year. The penalties for that offence will vary based on criteria like:

  • Were you driving while impaired?
  • How intentional was the mistake?
  • Does the mistake demonstrate a disregard for others on the road?
  • Was any harm caused to other individuals?

Depending on these factors, two similar incidents may carry two different sentences. If you’d like to learn more about the distinctions between driving offences in Manitoba, keep reading: 

What is Dangerous Driving?

The main feature that distinguishes distracted driving from careless driving is precisely how reckless the driver’s behaviour is thought to be.

Examples of dangerous driving include racing, driving while impaired (by drugs or alcohol), and aggressive driving. It will result in a criminal record, which means your fingerprints and photograph will be recorded.

If you are charged with dangerous driving, it could be classified as a summary offence (less severe) or indictment offence (more severe). The distinction is typically based on whether you caused bodily harm to others. 

Some of the punishments that result from a dangerous driving charge include:

  • A driver’s licence suspension
  • A fine
  • A criminal record
  • Jail time
  • Increased insurance fees

Those who have been charged with driving offences in the past are more likely to be charged with dangerous driving.

What is Careless Driving?

Careless driving is the less severe of these two charges. Also known as distracted driving, it consists of driving without paying sufficient attention or consideration to traffic laws, other vehicles, and pedestrians. Careless driving includes behaviours like texting and driving, skipping stop signs or red lights, and speeding.

Penalties for this offence include:

  • A fine
  • Demerits
  • A driver’s licence suspension
  • A traffic or speeding ticket

Careless driving charges apply to a broad variety of offences. In most cases, a careless driving charge will not result in a criminal record or jail time, but there are exceptions.

There is a third offence you could be charged with, which has the most severe consequences of all: criminal negligence.

What is Criminal Negligence?

In Manitoba, criminal negligence occurs when a driver shows reckless disregard for the health, safety, and lives of other drivers or pedestrians. Those who are charged with criminal negligence often face long-term jail sentences, large fines, or potential life imprisonment. Penalties are especially severe if the offence results in the death of another person, which is known as vehicular manslaughter.

Given the severe nature of these punishments, it’s imperative to hire competent legal aid if you’re facing any of the above driving charges. If you’re looking for a driving offence lawyer in Winnipeg, contact Brodsky Amy & Gould. Our criminal lawyers can help you put together a strong defence for your case. Defend yourself by getting in contact with us today.

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Your Right To Speak With A Lawyer

If you are arrested, you may have dozens of thoughts racing through your head, like: are you obligated to answer questions? Is there someone you can talk to for advice? What are your options?

Upon being detained, your rights may not be clear to you immediately. But rest assured, there are protections in place for these situations.

In Canada, you have a right to speak with a lawyer as soon as you are arrested or detained. This is when you’re legally required to answer questions or remain with the police. If you are arrested, you can immediately ask for a phone to call your lawyer. The police are obligated to inform you of this right. 

We’re going to review a few of your rights to give you a clearer idea of what you should do in this situation:

When Can You Call Your Lawyer?

According to Section 10(b) of The Canadian Charter of Rights and Freedoms, you have the right to immediately obtain legal counsel from a lawyer following an arrest or detention. Providing detainees with access to legal advice helps them make informed decisions about whether they’ll participate in the investigation.

Although you have the right to call a lawyer as soon as possible, some factors may delay this. These include:

  • Car accidents or other incidents where people are injured and require medical attention
  • Dangerous, volatile, and time-sensitive situations
  • When the detainee is receiving medical treatment in a hospital

The police should provide you with a phone to use—you will most likely be unable to use your own. 

You also have the right to choose which lawyer you’d like to speak with. As such, you may need a phonebook or the Internet to locate the number of a lawyer.

What If My Lawyer Doesn’t Answer The Phone?

If you don’t have a lawyer, you could provide answers and statements that will be used as incriminating evidence against you. Following an arrest, you may not be in the best frame of mind, which might result in inaccurate responses to questions.

Even if your lawyer does not pick up immediately, you can call them several times until they do. The police are not allowed to take the phone away after a single call. To exercise your rights fully, you should pursue all avenues of contact, such as:

  • Obtaining contact information from others
  • Calling multiple phone numbers of that lawyer
  • Contacting a secretary or assistant

You can choose to leave a message after a reasonable amount of time has passed. Then, you can decide to call another lawyer for assistance. The police are not allowed to question you while you’re waiting to hear back from a lawyer.

What If My Rights Are Violated?

If the police do not allow you to contact a lawyer, the evidence they gather may not be usable. This includes statements obtained during an investigation.

Protect yourself by hiring criminal defence lawyers in Winnipeg. At Brodsky Amy & Gould, we can arm you with the knowledge that you need in these critical situations. Contact us today for experienced legal counsel.

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How Young Is Too Young To Be Held Liable?

Should children be held liable for their actions? At what age is it acceptable to charge children—how young is too young? This issue is often debated in law jurisdictions around the world. 

The Youth Criminal Justice Act is an important part of the Criminal Code in Canada. The age of criminal responsibility in Canada is 12 years old—if the individual is younger than 12, they cannot be convicted of an offence. Those between the ages of 12 and 17 will be tried under the Youth Criminal Justice Act, which grants special protections to those who are not adults.

Given the life-changing ramifications of a criminal record, the question of whether children should be held liable for their actions is a source of contention.

Seeing Both Sides of the Issue

Some argue that children shouldn’t be held responsible because they lack the capacity to understand the wrongness of their actions. How can a child understand their punishment when they do not fully comprehend their wrongdoing in the first place? Many people believe that young people should not be tried in an adult court, regardless of their crime.

The minimum age of criminal responsibility is a controversial subject. For example, in England and Wales, children as young as 10 can be held criminally responsible for their actions. For many citizens, this is seen as far too young, and they claim it should be raised to 12 years. Is it right for someone’s life to be defined by a crime they committed in their youth?

But those on the other side of this argument feel that raising the age of criminal responsibility gives young people a “free pass” to break the law. They fear that it will encourage youth to commit more crimes under the guise that they’ll be able to get away with them. Some fear that if children are not punished, they will go on to commit more heinous crimes as they get older. 

In Canada, it’s uncommon for children to receive a jail sentence unless they have committed a violent crime or are a repeat offender. 

Brain Development

When children are tried in the criminal justice system, it’s important to consider that their brains are not fully developed. This is why it can be problematic to compare the consciousness of a child to that of an adult.

The prefrontal cortex is a part of the brain that’s involved with functions like creating plans, making decisions, and behaviour in social situations. Since this area is underdeveloped in children, it may play a role in why youths commit crimes; they may lack the cognitive capacity to understand the consequences of their actions, along with why they are wrong in the first place. 

Now that research has revealed the discrepancies between an adult brain and that of a young person, more countries are revising their laws regarding the minimum age of criminal responsibility.

Regardless of how you feel about this often debated issue, one thing remains the same: anyone who is facing criminal charges, whether they’re 12-years-old or 112, has the right to legal representation. Being charged for a crime at a young age has implications for the rest of one’s life.

If you’re looking for a lawyer for youths in Winnipeg, contact us today. At Brodsky Amy & Gould, our lawyers have the experience and skillset to create a strong defence for your child.

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Self-Defence: What’s Acceptable Under Canadian Law?

Many Canadians are unsure of what they can do in terms of self-defence, and what goes against the law. If you retaliate against an attacker, will you be charged with assault, or does it fall within your rights to defend yourself?

In 2012, Canada introduced new legislation called the Citizen’s Arrest and Self-Defence Act. Regarding the new amendments, one Superior Court Justice wrote that claims of self-defence will be more successful under this new act. That being said, not all cases of self-defence will be justified in the eyes of the law. The ruling is dependent upon the specific circumstances of the incident. 

If you are threatened by another individual, what can you do that’s within your rights? These matters pertain to self-defence law, which can be a bit difficult to navigate.

To help clarify this issue, we’ve compiled some information about self-defence under Canadian law:

Attacks in Your Home

If you are being attacked, you are entitled to defend yourself and your property. If someone is attempting to enter your home or steal your car, you have a right to take action. But the line gets a bit blurrier from there—how far can you go to defend your belongings before the court considers it an act of assault or manslaughter? 

Canadians can use force to protect their belongings and themselves. An individual is justified in taking action to prevent someone from breaking into their home. However, they must cease using force once the attacker backs down. Furthermore, they must not use more force than is necessary. 

Fear of an Attack

In some cases, an individual may threaten you or make violent gestures without actually attacking. What are your options for self-defence in these situations?

When defending yourself, the new Act specifies three core defence elements:

  • The victim must perceive that they are under attack.
  • If they take action, it must be for a defensive reason.
  • The force used must be reasonable given the circumstances of the attack or perceived attack.

These factors help judges determine whether one has acted in self-defence or if they had malicious intentions.

If an individual attempts to protect a different person from an attacker, the same core defence elements apply. They must perceive that the third party is being threatened, take defensive action, and only use force that’s proportionate and reasonable in that situation.  

Grey Area

Who’s to say whether a victim retaliated with proportionate force, or if they intended to take the attacker’s life? That discretion is left up to a judge.

One factor that’s considered is the extent of bodily harm that the attacker endures. What actions does the victim take to retaliate? Did they:

  • Injure
  • Cause permanent damage
  • Or fatally wound the attacker?

Judges may be more reluctant to acquit someone of charges if their actions caused the death of the attacker. However, it will depend on the specific situation, and whether the victim attempted to back down or flee before using fatal force. Evidence that the victim did not intend to cause the death of the attacker may prove that they acted in self-defence.

Most rulings regarding self-defence in Canada are made on a case-by-case basis. If you have any further questions, we encourage you to contact us. Brodsky Amy & Gould is a criminal law firm in Winnipeg. Call us today for legal guidance.

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When Can The Police Seize My Firearm?

Gun ownership in Canada is unique. It’s more heavily regulated than most countries, which may be a concern to those who own firearms here.

For clarity’s sake, let’s start by defining a few terms. In Canada, a firearm is a barreled weapon that fires projectiles and can harm others. That includes guns, handguns, shotguns, and even airsoft guns. When a police officer seizes a firearm, they forcibly take the weapon from someone else’s possession.

There are three classes of firearms in Canada:

  • Non-restricted
  • Restricted
  • Prohibited

Prohibited firearms can be owned legally if they were grandfathered in before the recent legislation changes or if they are only used for target practice.

Even if an individual is of legal age, owns a restricted firearm, and obtains their licence, the police can still seize a firearm. In the following circumstances, the police have the right to search for and revoke firearms if:

They Have a Warrant

When it comes to searches, arrests, and seizing firearms, law enforcers usually require a warrant. This is provided by a judge who accepts an application from the officer. The warrant allows the officer to search the person, building, and/or other location and seize whatever is necessary. 

However, there are exceptions. After an individual is charged with domestic violence, the police can seize any and all firearms. But police officers are also authorized to conduct warrantless searches.

They Believe a Crime Was/Will Be Committed

It may come as a surprise to some that in certain situations, police are permitted to search for and seize firearms without a warrant.

In time-sensitive situations, it’s not always feasible for officers to go through the application process with a judge. 

An officer may revoke a gun from an individual if they catch them in the act of committing a crime, planning to do so, or if they’re suspicious that an event will occur. A law enforcer can seize weapons from anyone they suspect is a threat to public safety.

The officer must have reasonable grounds to believe that an individual may commit a crime or did so in the past.

The Individual Lacks the Documentation to Own a Firearm

Unlike the United States, not all Canadian citizens have the right to own a firearm. They require a licence or other authorization (like a registration certificate for a prohibited firearm). Failing to produce this documentation upon request may result in criminal charges or an arrest.

If one fails to produce the authorization documents, the police can seize their firearm. But if they are carrying the appropriate licence, then that officer must return the weapon to its owner. 

Protect Your Rights

Do you believe that you were unlawfully searched? Was your firearm seized and not returned to you? Have you been charged with a firearm offence and require a criminal lawyer?

The laws regarding firearms in Canada are complex. These charges are not something that an individual should handle on their own. If you’re searching for a weapon offence lawyer in Winnipeg, contact Brodsky Amy & Gould. We offer legal representation for many different charges, including firearm offences. You can call or text our line 24/7 and a lawyer will get back to you shortly.

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What Are The Differences Between Summary & Indictable Offences

In Canada, criminal offences are divided into two main categories: summary conviction offences and indictable offences. Every crime in Canada falls under one of these classifications.

Even though these terms are part of the Criminal Code, not all Canadians are familiar with their meaning. On TV shows and movies, it’s more common to hear about felonies or misdemeanors, which refer to offences in the U.S. justice system. 

To learn more about the distinctions between and the ramifications of these offences, keep reading:

Summary Offences

Put simply, summary offences are less severe than indictable ones. Also known as “petty crimes”, they carry with them lighter punishments as well. You do not have the right to a trial by jury if you are charged with a summary offence.

An important difference between a summary offence and an indictable one is the accused does not need to submit fingerprints. In addition, these cases are typically tried in Provincial Court, and charges must be made within a 6 month limitation period after the crime occurs. A lawyer can appear on the accused person’s behalf at the trial.

Examples of summary offences include:

  • Possession of drugs under a certain amount
  • Causing a disturbance
  • Soliciting a prostitute
  • Traffic offences

Even though consequences for summary offences are less severe than indictable offences, they are still significant. The maximum fine that one can receive when charged with a summary offence is $5,000. The maximum jail time that one can be sentenced to is two years less a day. 

You will receive a criminal record if you are charged, which can make it challenging to find housing or employment. Those charged with a summary offence can apply for a pardon after 5 years.

Indictable Offences

For an offence of this degree, the accused person could face life in prison. 

If one is charged with an indictable offence, they have the right to a trial by jury. With an indictable offence, the preliminary hearing is held in Provincial Court, but the trial may be held in the Superior Court depending on the severity. Unlike summary offences, indictable offences do not have a limitation period.

Examples of indictable offences include:

  • Murder
  • Theft
  • Kidnapping
  • Arson
  • Terrorism

With certain crimes, there are minimum penalties that must be adhered to. The individual charged with the offence must appear in court. If one is charged with an indictable offence, they will need to wait up to 10 years to be eligible for a pardon. 

What are Hybrid Offences?

Not all crimes fit distinctly within these two categories. If you are charged with a hybrid offence, it’s up to the Crown to decide if they should proceed with an indictment or summary conviction. Various circumstances can affect the severity of a crime and the discretion of the Crown. 

Here are a few crimes that may be considered hybrid offences:

  • Impaired driving
  • Assault
  • Theft under $5,000

Whether you are charged with a summary, indictable, or hybrid offence, it’s in your best interest to contact criminal lawyers in Winnipeg. The defence lawyers at Brodsky Amy & Gould offer experienced legal representation for several offences. Contact our 24/7 line via call or text, and a lawyer will get back to you shortly.

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How Long Can You Be Held Without Charges?

Being arrested can cause a great deal of stress, anxiety, and uncertainty. You wonder how long you’ll be kept and what charges might await you.

But what if the police arrest you without a warrant? If the police don’t immediately issue charges, you may not be clear about why you’re being kept in custody at all. In that case, you may worry about how long you’ll be held until the police release you or press charges. 

To arrest a citizen, police need to have probable cause. They don’t necessarily need to issue criminal charges or have an arrest warrant. But there is a limit to how long they can keep you.

In Canada, a person can be kept in custody for up to 24 hours without a warrant before charges must be laid. Some circumstances might require an extension, like if the arrest occurs on a weekend or holiday. Ultimately, it is up to the judge to decide whether you’ll be released or charged.

If you are arrested, be selective about what information you reveal to the police. It’s been said many times, but anything that you say can be used against you in court. Before speaking with the police, ask to call a criminal lawyer. 

After charges are put forth, your next question might be: what’s the maximum amount of time that can elapse before my trial?

How Long Will I Wait Until a Trial?

Once charges are issued and you decide to take the case through to a trial, the proceedings must be relatively prompt.

Many criminal cases are notorious for being long and drawn-out. But there is legislation in place that’s designed to prevent this from happening. You may be familiar with the constitution in the USA regarding the right to a speedy trial. In Canada, this is known as a right to a trial within a reasonable timeframe.

Being held for an indefinite period goes against the Canadian Charter of Rights and Freedoms; it ignores the rights of the person in custody. That’s why this legislation was introduced. However, there are allowances made for exceptional circumstances (such as a global pandemic). 

In 2016, this legislation was introduced following a case known as R v Jordan. It replaced the existing laws with updated guidelines. This recent ruling specifies that a maximum of 18 months can elapse between the time that charges are laid and the trial takes place. In some cases, a maximum of 30 months will be granted. This framework is designed to respect the rights of the accused person and grant them a trial in a reasonable amount of time.

Even if you are released from custody without charges, you will receive an arrest record. This can cause issues with employment and housing arrangements. Working with a defence lawyer can help you receive the justice that you’re entitled to.

If your right to a reasonably-timed trial is being infringed upon, contact a criminal defence lawyer in Winnipeg. When you call Brodsky Amy & Gould, you’ll work with an experienced lawyer who’s dedicated to your case.

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Employment Law & The Pandemic

The spread of the novel coronavirus has seemingly affected every aspect of our lives. But one sector, in particular, faces new hurdles: employment law.

The pandemic poses unique challenges for the Canadian labour force. In this blog, we will detail some of the issues that the workplace faces during an outbreak, and the potential legal ramifications.

Working From Home

To stop the spread of COVID-19, many employers have started allowing employees to WFH. This allows employees to perform their work without attending a large office space. Even though this format doesn’t work for everyone, some prefer it to going into the office. Remote work has been on the rise since 2020, and it’s a trend that’s expected to stick around.

That is, as long as employers permit it.

When it’s safe to return to work, many employers will expect their staff to return to the office. They pay the monthly rent for a reason, after all. In addition, they may favour the direct communication that face-to-face interaction offers. It can be easy to miscommunicate messages that are sent online. Employers might notice that their staff are less productive when they work from home.

But what if employees don’t want to return to work? They may feel unsafe around more people, or perhaps, they simply prefer to be at home. If they live with someone who is immunocompromised, they might be unwilling to put their loved one at risk.

Can an employer force the worker to return to the office? Does the employee have the right to work from home? These are legal issues that the Canadian justice system is now faced with.

Temporary Unemployment

The last thing a business wants to do is lay off its hard working staff. But what happens when government regulations mandate businesses to shutter their doors? Establishments like hair salons, dine-in restaurants, and clothing retailers will have no choice but to reduce their staff.

But these restrictions can’t last forever. Employees remain on indefinite leave until cases are low enough that businesses can reopen and rehire them. This is called “constructive dismissal”—and it could provide grounds for employees to sue their employer.

COVID-19 at the Workplace

Yet another new employment challenge concerns disease transmission at work. What happens if an employee is diagnosed with COVID-19?

The situation gets trickier if the virus was contacted at work. Is the business owner liable for health issues that may have been caused by the workplace?

Next, there’s the issue of how to handle the sick employee. During their self-isolation period, they will be unable to attend work. Is the employer required to pay these hours—can the employee sue them if they fail to?

Another problem that can arise is when a household member of an employee falls ill. That staff member may be required to stay home and take care of their family member. If so, the employer must find someone else to cover 2 weeks of shifts—laying them off could result in a constructive dismissal lawsuit.

In our present day, the workforce is facing new issues, many of which have not been dealt with in courtrooms before. 

If you are facing any problems with your employment status or dealing with charges from your former employees, contact the Winnipeg criminal lawyers at Brodsky Amy & Gould. Our experienced attorneys are well-versed in Canadian employment law and can help you resolve any legal matters.

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Failing To Stop Or Remain At The Scene Of Accident

If you are involved in an accident, you might wonder what the first thing to do is. Should you pull over or call 911? 

Here’s one thing you should never do: drive away. Not only does it abandon those who may require medical attention, but it can result in a criminal charge with serious consequences. Failure to stop or remain at the scene of an accident is an offence both under the Criminal Code (federal level) and the Highway Traffic Act (provincial level).

If you want to learn more about what to do when you’re involved in an accident, keep reading. We’ll tell you exactly what you need to do to avoid this charge:

What To Do At The Scene Of An Accident

When you are involved in an accident, there are a few key things you must do. If you fail to do any of the following, you could be charged.

  1. Stop. Do not drive away if you directly or indirectly cause an accident. You must do more than merely stop, though—you must remain at the scene until the police allow you to leave.
  2. Offer assistance. Make sure to help anyone who may have been injured in the accident. You may need to call an ambulance if their injuries are severe.
  3. Provide your information. You are legally obligated to give your name, address, insurance information, and phone number to everyone involved, including the police.

Neglecting to do any of the above can result in criminal charges. It’s important that you remain at the scene for as long as you’re required—leaving briefly and then returning will not suffice. Even if the people involved do not suffer injuries or damage to their vehicle, make sure you remain at the scene; any form of contact between two vehicles can be considered an accident.

What Happens If You Flee The Scene?

If you fail to remain at the scene of an accident, you could be subject to several penalties, including a fine, demerits, a licence suspension, higher insurance premiums, and even jail time. You will also have a permanent criminal record. Depending on the extent of the vehicle damage and injuries to those involved, punishments may be more severe. Whether you are charged under the Criminal Code or the Highway Traffic Act, you may be subject to these penalties. 

To charge someone with this offence, the Crown must prove several things:

  1. The identity of the driver.
  2. Which vehicle that they drove.
  3. If they fled the scene knowingly.

The prosecutor must provide evidence of these events to prove this charge. They need sufficient proof to convict someone of this offence. 

If you are charged with failure to stop or remain at the scene of an accident, you need a defence lawyer in Winnipeg. At Brodsky Amy & Gould, we can help you find reasonable defences for your incident and build a strong case—for example, you may have been unaware that an accident occurred. Give us a call today to work with one of our expert attorneys.

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Winnipeg Legal Firm Urges Anyone Who Is Arrested To Request A Lawyer Before Making Any Comment To Police

WINNIPEG, Canada – Brodsky Amy & Gould, a criminal defence law firm based in Winnipeg, Canada, urges anyone arrested to consult with a lawyer before engaging with the police. There is an essential difference between being initially arrested for an offence and ultimately being charged with that offence by police.  When someone is arrested for the first time, they can be particularly vulnerable to the risks associated with engaging with the police.  It may seem natural to answer questions, sign a statement, or agree to requests made by police, due to an honestly held belief that cooperation reflects innocence.  This is not the case. 

Once a statement has been made in writing, recorded on video, or simply spoken to an officer, it can be very challenging to dispute that evidence.  The best advice in a particular situation depends on the unique circumstances of each case, but there is always a real advantage to making an informed decision and protecting yourself.  

“Being arrested is a stressful and worrying experience for almost anyone, but particularly for someone who has never been through the process before,” said Matt Gould, lawyer, and partner at Brodsky Amy & Gould. “The stress and unfamiliarity with the arrest process can easily result in statements made to police which can be taken out of context or misconstrued.  This can lead to evidence being unwittingly provided to police that can be devastating to the Defence.  Unfortunately, once statements are provided to police, it can be very difficult to dispute them. That is why I advise everyone to always stay informed, and to be prepared for these situations by seeking advice from a lawyer, regardless of the alleged crime.” 

Matt Gould is an established criminal defence lawyer in Winnipeg, Manitoba, and a partner at the firm Brodsky Amy & Gould.  He has exclusively practiced criminal defence law since his call to the bar in 2008.  Matt Gould started his post-secondary education at the University of Winnipeg, before attending the Richard Ivey School of Business at the University of Western Ontario, graduating with an Honors Business Administration degree.  After three years living abroad, Matt Gould returned to Winnipeg to attend law school.  For more information about Matt Gould and Brodsky Amy & Gould, visit gregbrodsky.ca.

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