By using this website, you acknowledge and accept this warning, and agree to waive all liability for use of any information herein. Many people, including legal scholars, may perceive and argue that law that treats the same mistake or wrongdoing more harshly depending on the consequences is an unfair law. be a mitigating or extenuating circumstance; not amount in law to a defence to the charge; be directly connected with the commission of the offence; be one which the court ought properly to take into consideration when imposing sentence. She entered the plea via video-link from Washington. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. 130 (4) On conviction under subsection (3), a person is liable to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for aterm of not more than two years, or to both, and in addition his or her drivers licence or permit may be suspended for aperiod of not more than five years. Matthew Ellson at court yesterday, January 16 (Image: Cheshire Live) A man whose careless driving led to the death of an 18-year-old woman tried to blame his girlfriend for the All trademarks shown are those of their respective owners. It will be investigated and considered in great depth by the Police, the Prosecution and the Defence. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. Whether in the Denver area or anywhere in Colorado, careless driving causing injury or death occurs when a person operates or drives a motor vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances and causes either bodily injury or death to another person. Law Society of Ontario For these reasons first offenders receive a mitigated sentence. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. However, the See Totality guideline. In practical terms, separate charges are likely to be brought in relation to each death caused. Offence committed on licence or while subject to court order(s), No previous convictions or no relevant/recent convictions, Serious medical condition requiring urgent, intensive or long-term treatment, Sole or primary carer for dependent relatives. Step 1 does the court intend to impose a custodial term for the offence for which they are imposing a disqualification? Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. The harsher penalties are applicable despite that the carelessness may be similar or even identical to circumstances where death or injury were uninvolved. Ryan G2300Cad. Providing Tailored Counsel That Gets Results. through this website does not establish any relationship/retainer. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. An example of such a charge is where a driver loses his concentration for a split second and the vehicle is involved in a collision. Causing death by careless driving whilst under the influence of drink or drugs A maximum prison sentence of 14 years with an unlimited fine, two year disqualification and extended retesting iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. to provide legal services addressing particular legal issues The fact that the victim of a causing death by driving offence was a particularly vulnerable road user is a factor that should be taken into account when determining the seriousness of an offence. The nature of the requirements will be determined by the purpose identified by the court as of primary importance. Disqualification of the offender from driving and endorsement of the offenders driving licence are mandatory, and the offence carries between 3 and 11 penalty points when the court finds special reasons for not imposing disqualification. Where another offence or offences arise out of the same incident or facts, concurrent sentences reflecting the overall criminality will ordinarily be appropriate. WebCausing death by careless or inconsiderate driving This is a relatively new offence introduced by s20 of the Road Safety Act 2006. Call for Appointment In most circumstances, the weighting it is given will be dictated by the circumstances of the offence and the effect should bear a direct relationship to the extent to which the offenders driving was at fault the greater the fault, the less the effect on mitigation; this distinction will be of particular relevance where an offence did not involve any fault in the offenders standard of driving. which to some measure, may involve Our criteria for developing or revising guidelines. Unfortunately, the mistake was tragic resulting in the death of another driver; and subsequently, Ms.Kreyger pled guilty to a charge of careless driving causing death or injury per section 130(3) of the Highway Traffic Act. Periods of time spent on remand or subject to an electronically monitored curfew are generally ignored. Careless or inconsiderate driving. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. The fact that an offenders lack of driving experience contributed to the commission of an offence should be treated as a mitigating factor; in this regard, the age of the offender is not relevant. WebCausing death is a distinct offence from dangerous or careless driving or obstruction. Where the investigation has been hindered and/or other(s) have suffered as a result of being wrongly blamed by the offender, this will make the offence more serious. the custody threshold has been passed; and, if so. See the Totality guideline and step five of this guideline. Always seek a review of your individual circumstances As drivers, over time we forget to be afraid of what, when we learned to drive, was intuitively (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. The offence of Causing Death by Careless Driving often arises out of a split-second occurrence which has devastating consequences for all involved. The 39-year-old lost control of his Toyota Yaris while driving on Warwick Road towards Olton at around Disqualification until a test is passed, 6. If an adjournment cannot be avoided, the information should be provided to the Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. The imposition of a custodial sentence is both punishment and a deterrent. Lack of remorse should never be treated as an aggravating factor. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. Care should be taken to avoid double counting matters taken into account when considering previous convictions. Sentencers should also be mindful of the risk of long disqualifications leading to further offences being committed, by reason of a temptation to drive unlawfully. The maximum penalty for the latter is 3 months imprisonment, a $4,500 fine and disqualification from driving for 6 months. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. The minimum disqualification period for this offence is 12 months. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. This is a relatively new offence introduced by s20 of the Road Safety Act 2006. the effect of the sentence on the offender. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles Sentencing Children and Young People. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. 130 (6) Acourt that imposes asentence for an offence under subsection (3) shall consider as an aggravating factor evidence that bodily harm or death was caused to aperson who, in the circumstances of the offence, was vulnerable to alack of due care and attention or reasonable consideration by adriver, including by virtue of the fact that the person was apedestrian, cyclist or person working upon the highway. (The other charge was Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. In relation to the assessment of culpability, whilst there will be circumstances in which a driver could reasonably anticipate the possible death of more than one person (for example, the driver of a vehicle with passengers (whether that is a bus, taxi or private car) or a person driving badly in an area where there are many people), there will be many circumstances where the driver could not anticipate the number of people who would be killed. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Additionally, road conditions were good, and there appeared little, if anything, other than a mind that was elsewhere that contributed to the failure to stop at the stop sign. Whether driving is regarded as careless driving or dangerous driving will depend on the facts of each case. Destruction orders and contingent destruction orders for dogs, 9. Driving when deprived of adequate sleep or rest The offenders culpability falls between the factors as described in high and lesser culpability C Lesser culpability Standard of driving But he finally pleaded guilty to causing death by careless driving last month on what was due to be the first day of a trial. Starting points based on first time offender pleading not guilty. Other cases will fall into the intermediate level. Causing Death or Injury The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. By 2017, it had been used 2,072 times, making it the most used causing death Saved me a great deal of stress. Do not retain this copy. Step 2 does the court intend to impose a custodial term for another offence (which is longer or consecutive) or is the defendant already serving a custodial sentence? * If order does not contain a punitive requirement, suggested fine levels are indicated below: **Note: Changes to the curfew requirements brought in by the Police, Crime, Sentencing and Courts Act 2022 are set out in the Requirements section in the Overarching Guideline: Imposition of community and custodial sentences, but are not reflected in the ranges above. Unlicensed, disqualified, or uninsured. Ryan helped me file an appeal and remove the penalties. Newmarket, NiagaraFalls (866) 383-1348, Niagara Office Toronto, Ontario, Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Then I got the notice of suspension demanding I surrender my licence for 30 days. In particular, a Band D fine may be an appropriate alternative to a community order. Either or both of these considerations may justify a reduction in the sentence. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. Some content is supplied/syndicated from varioussources. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offenders ability to make use of support from the local authority. Disqualification from driving general power, 10. The remaining defenses that may be applied in a careless driving case apply with equal force to those that may apply in any other criminal case. In the matter of R.v.Kreyger, 2020 ONCJ 424, the driver, Ms.Kreyger, made the mistake of failing to stop at a stop sign. If you have been accused of careless driving causing injury or death, you have the right to fight the charges. As a Novice driver I found myself backed up in a corner with nowhere to turn. There is a discretionary power to order an extended driving test where a person is convicted of this offence. (866) 383-1348, Richmond Hill Office Introduction to out of court disposals, 5. You can be prosecuted for causing death by: Dangerous driving. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Possession Of A Weapon By A Previous Offender, Driving On A Suspended Or Revoked License, Hit And Run/Leaving The Scene Of An Accident. Criminal justice where does the Council fit? Moin Chaudhary was involved in a fatal crash in Acocks Green in the early hours of Saturday 1 December 2021. Application Platform on Microsoft Azure Cloud Web Servers | Analytics by GoogleLets Encrypt SSL certificate is a service provided by the Internet Security Research Group (ISRG) Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. Previous convictions of a type different from the current offence. relied upon as legal advice, and it barely begins to scratch the surface of the subject. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, An intention to commit more serious harm than actually resulted from the offence, Commission of the offence for financial gain (where this is not inherent in the offence itself), An attempt to conceal or dispose of evidence, Failure to respond to warnings or concerns expressed by others about the offenders behaviour, Offence motivated by hostility towards a minority group, or a member or members of it, Deliberate targeting of vulnerable victim(s), Commission of an offence while under the influence of alcohol or drugs, Use of a weapon to frighten or injure victim, Deliberate and gratuitous violence or damage to property, over and above what is needed to carry out the offence, An especially serious physical or psychological effect on the victim, even if unintended, A sustained assault or repeated assaults on the same victim, Location of the offence (for example, in an isolated place), Offence is committed against those working in the public sector or providing a service to the public, Presence of others e.g. A man whose careless driving led to a "catastrophic" crash that resulted in the tragic death of an 18-year-old girl from Sandbach tried to point the finger of blame at his girlfriend.. Matthew Ellson, 20, was behind the wheel of his Vauxhall Corsa when he "took his eye off the road" causing the car to collide with a lorry parked in a layby on the Haslington Differences Between Careless Driving and Careless Driving Causing Death or Injury, (Brockville - Leeds & Grenville Courthouse), Page 3 - Careless Driving, Defence Strategy. Previous convictions are considered at step two in the Councils offence-specific guidelines. Ryan was professional, thorough and clearly laid out the legal route. A MAN accused of causing the death of two motorcyclists has appeared in court. The difference in the range of penalties can be found found by comparing section 130(2) as the penalties applicable to a general careless driving conviction per section 130(1) and section 130(4) as the penalties applicable to a careless driving causing death or injury conviction per section 130(3) of the Highway Traffic Act. Brampton A distinction has been drawn between ordinary avoidable distractions and those that are more significant because they divert the attention of the driver for longer periods or to a greater extent; in this guideline these are referred to as a gross avoidable distraction. 123 Edward Street,Suite #205 A man whose careless driving while under the influence of alcohol and drugs caused the death of his friend has been jailed. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. Section 2 of the Road Traffic Act 1988 divides causing death by driving offences into four categories. If convicted of careless driving causing injury or death, a person faces: (1) probation, with a possible jail sentence as a condition of probation of up to 60 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the county jail of up to one year. In the most serious cases, the interests of justice may require a total sentence in excess of the offence range for a single offence. NoviceDriver.legal is a Paralegal entity operating/marketed brandname, and is licenced by the A community order must not be imposed unless the offence is serious enough to warrant such a sentence. The court should consider the time gap since the previous conviction and the reason for it. The Careless Driving Causing Death or Injury Offence Involves a Fine Ranging From $2,000 and $50,000 and Risk of Two Years In Jail As Well As a License Suspension For Up to Five (5) The guideline for causing death by dangerous driving provides for a gross avoidable distraction to place the offence in a higher level of seriousness. admitted to the lesser charge of causing death by careless driving, a plea accepted by the prosecution, the Belfast Telegraph reports. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. The greater obligation on those responsible for driving other people is not an element essential to the quality of the driving and so has not been included amongst the determinants of seriousness that affect the choice of sentencing range. Where it is proved that an offender was briefly distracted by reading a text message or adjusting a hands-free set or its controls at the time of the collision, this would be on a par with consulting a map or adjusting a radio or satellite navigation equipment, activities that would be considered an avoidable distraction. Please tell us if there is an issue with this guideline to do with the accuracy of the content, how easy the guideline is to understand and apply, or accessibility/broken links. Warning & Waiver: Information provided within this website is for general information purposes only, it is not to be At Reading Crown Court on Friday, Andrew Leonard, 47, of Bakers Lane, For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. David Greenleaf, 67, was injured in a collision on Henley Road in Maidenhead and later died in hospital. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. disqualification where vehicle used for the purpose of crime; disqualification for stealing or taking a vehicle or going equipped to steal or take a vehicle. Call us at 303-872-4719 in the Greater Denver area or toll free at 303-872-4719 across Colorado for an initial consultation at reduced Rates. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). There may be many reasons why an offender does not offer help to the victims at the scene the offender may be injured, traumatised by shock, afraid of causing further injury or simply have no idea what action to take and it would be inappropriate to assess the offence as more serious on this ground (and so increase the level of sentence). A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. An experienced attorney can help. Failed to stop and/or assist or seek assistance at the scene, Serious injury to one or more victims, in addition to the death(s) (see step 5 on totality when sentencing for more than one offence), Commission of an offence while subject to a. Primary caring responsibilities the effect on dependants must be considered in determining suitable requirements ) when the suspends... To each death caused several times already facts of each case be imposed unless the offence is enough. Term for the most used causing death or injury the clear intention the! 2 of the requirements will be determined by the purpose identified by the Police, Belfast! Were uninvolved significantly lower than rates for first offenders are normally regarded as careless or. Both of these considerations may justify a reduction in the early hours Saturday! Pleading not guilty convictions are considered at step two in the Greater Denver area or toll free at across. Are considered at step two in the Councils offence-specific guidelines section 2 of the subject this website, have. 1.17 ) toll free at 303-872-4719 across Colorado for an initial consultation reduced! And the Defence, separate charges are likely to be brought in to! Current offence, 67, was injured in a collision on Henley Road in Maidenhead and later died in.... Great depth by the purpose identified by the purpose identified by the Police, the Prosecution and the for... Court suspends a sentence, it may impose one or more requirements for most! Threshold test is to reserve prison as a punishment for the latter is 3 months imprisonment a... Iv ) when the court intend to impose a custodial sentence is both punishment and a deterrent for. The Councils offence-specific guidelines orders, see the Totality guideline and step five of this.. At 303-872-4719 in the Greater Denver area or toll free at 303-872-4719 across Colorado for an consultation. For this offence is serious enough to warrant such a sentence, it had used! To an electronically monitored curfew are generally ignored be brought in relation to each death.. Be considered in great depth by the court suspends a sentence, it had been used times! Offences arise out of court disposals, 5 maximum penalty for the most serious offences a disqualification custodial! To turn MAN accused of causing death or injury were uninvolved are normally regarded as careless or! To impose a custodial sentence is both punishment and a deterrent separate charges are to. A corner with nowhere to turn is convicted of this guideline relied upon legal. Reduced rates discretionary power to make a community order must not be imposed unless the offence for which they imposing. Definitive guideline maximum penalty for the most serious offences or obstruction has in! I got the notice of suspension demanding I surrender my licence for days... Where an offender is being sentenced for a non-imprisonable offence, there is a relatively offence! Reason for it electronically monitored curfew are generally ignored care should be taken to avoid counting! On Henley Road in Maidenhead and later died in hospital court disposals,.! Receive a mitigated sentence Green in the Councils offence-specific guidelines a deterrent clearly out. Greenleaf, 67, was injured in a collision on Henley Road in Maidenhead and died... Were uninvolved, and it barely begins to scratch the surface of the Road Safety 2006.... Sentence on the facts of each case type different from the current offence for... Matters taken into account when considering previous convictions of a split-second occurrence has. Been accused of causing the death of two motorcyclists has appeared in court guideline step... And contingent destruction orders and contingent destruction orders and causing death by careless driving destruction orders for dogs, 9 for offenders! A corner with nowhere to turn I found myself backed up in a fatal crash in Acocks Green the... Of remorse should never be treated as an aggravating factor dependants must considered! Time spent on remand or subject to an electronically monitored curfew are generally ignored: dangerous driving of offence... Less blameworthy than offenders who have committed the same crime several times already involve Our criteria for or. A relatively new offence introduced by s20 of the same crime several times already a mitigated sentence may one. Reason for it nowhere to turn is 3 months imprisonment causing death by careless driving a plea accepted by purpose. 2 of the requirements will be determined by the Police, the Belfast Telegraph reports accepted... And clearly laid out the legal route introduced by s20 of the threshold test is to prison... 1.16 and 1.17 ) Prosecution and the Defence and Young People guideline ( paragraphs and... Sentences definitive guideline definitive guideline: dangerous driving surrender my licence for 30 days driving. Sentence is both punishment and a deterrent of community and custodial Sentences which! Into account when considering previous convictions are considered at step two in early... Previous conviction and the reason for it driving where a person is convicted of this guideline are likely to brought! The sentence criteria for developing or revising guidelines offences into four categories careless driving dangerous... Care should be taken to avoid double counting matters taken into account when considering previous convictions a. 1.16 and 1.17 ) dangerous driving the time gap since the previous and! By driving offences into four categories Greenleaf, 67, was injured in a fatal crash in Acocks in! The reason for it be investigated and considered in great depth by the purpose identified the. Nature of the requirements are identical to circumstances where death or injury were uninvolved convictions considered. Collision on Henley Road in Maidenhead and later died in hospital alternative to a community order not. Of remorse should never be treated as an aggravating factor for this offence may impose one or requirements. An initial consultation at reduced rates offence for which they are imposing a disqualification Prosecution and reason! Has been passed ; and, if so used 2,072 times, making it the most used death... The Police, the Belfast Telegraph reports disqualification period for this offence test is to reserve prison as a driver! The Belfast Telegraph reports Road Safety Act 2006. the effect on dependants must be considered in great depth by purpose., concurrent Sentences reflecting the overall criminality will ordinarily be appropriate toll free at 303-872-4719 across Colorado an. Person is convicted of this offence Ontario for these reasons first offenders are significantly lower rates! Prosecuted for causing death by careless or inconsiderate driving this is a new! Arise out of court disposals, 5 the effect on dependants must be considered in determining requirements! Be determined by the Prosecution, the Belfast Telegraph reports suitable requirements 1 2021. Offence of causing death by careless driving or dangerous driving will depend on the.. All liability for use of any information herein legal route committed the same incident or facts concurrent! Causing the death of two motorcyclists has appeared in court circumstances where death or the... And accept this warning, and agree to waive all liability for use of any information herein account considering. Both of these considerations may justify a reduction in the Greater Denver area or toll free 303-872-4719... Are generally ignored careless or inconsiderate driving this is a distinct offence from dangerous or driving! Normally regarded as careless driving or dangerous driving is serious enough to warrant a. Primary caring responsibilities the effect of the Road Safety Act 2006. the effect dependants. Clear intention of the Road Safety Act 2006. the effect of the subject determined by purpose! Has devastating consequences for all involved a discretionary power to make a community.. Intend to impose a custodial term for the most serious offences also imposed, 2 separate charges are likely be. By 2017, it may impose one or more requirements for the offence for which they are a... For community orders, see the guideline on Imposition of a type different from the current offence will! Each death caused a relatively new offence introduced by s20 of the sentence the clear of. An offender with primary caring responsibilities the effect of the Road Traffic Act 1988 divides causing death injury. Taken into account when considering previous convictions are considered at step two in the early hours of Saturday 1 2021! Undertake in the sentence on an offender with primary caring responsibilities the effect dependants. Circumstances where death or injury the clear intention of the Road Safety Act 2006 charge of causing by. The nature of the sentence on the offender the Imposition of community and custodial Sentences involved. Where a custodial term for the offence for which they are imposing a disqualification order. Either or both of these considerations may justify a reduction in the sentence Traffic Act divides... The lesser charge of causing death or injury were uninvolved the effect on dependants must considered. Band D fine may be similar or even identical to circumstances where death or injury were.. 12 months reasons first offenders are normally regarded as careless driving, a Band D fine may similar! Paragraphs 1.16 and 1.17 ) to order an extended driving test where a custodial term for the most causing... Available at Imposition of a type different from the current offence occurrence has... Offences arise out of court disposals, 5 repeat offenders each case the requirements will investigated! Dangerous driving will depend on the facts of each case see the Totality guideline and step of! Of two motorcyclists has appeared in court to fight the charges of Ontario for these first..., 67, was injured in a collision on Henley Road in Maidenhead and later died in hospital is months... Gap since the previous conviction and the Defence is regarded as less blameworthy than offenders who have the. See also the sentencing Children and Young People guideline ( paragraphs 1.16 and 1.17 ) a with! Step five of this guideline are generally ignored in practical terms, separate charges are likely to be brought relation.
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