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Sexual Offences

>>Sexual Offences
Sexual Offences 2020-04-02T17:41:40+00:00

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.


Sexual Offences

No Charges Laid

Case Number: 55792529

Our client was being investigated by the police in relation to sexual interference allegations made by his former stepson. He was being asked by the RCMP to attend for questioning (AKA Interrogation) into the matter. Prior to attending, our client reached out to us for pre-charge legal advice.

Upon being retained, we reached out to the police officer who had contacted our client to learn more about the investigation. Once we confirmed the nature of the allegations, we carefully reviewed them with our client. Our client was adamant that the allegations were untrue, so we scheduled a private polygraph test for him. After he passed our internal polygraph with no concerns, we offered to have him participate in an RCMP polygraph. He passed their test with flying colours, which successfully concluded with police investigation with no criminal charges ever being laid.

Successful Result: No Sexual Assault Charges Laid

Charges Stayed, Withdrawn, or Acquitted

Case Number: 758-190057

Our client was charged when he solicited a sexual act from a woman who turned out to be an undercover police officer. The woman approached his vehicle and the two engaged in a discussion about her services. When they reached an agreement, three unmarked police vehicles approached his vehicle and quickly arrested him for solicitation of sexual services.

Upon being retained, we immediately ordered disclosure and reviewed it with our client. We learned that our client had never solicited sexual acts previously and it was his interaction with the woman that enticed him to do so. We reached out to the Crown Prosecutor and shared this background on our client and based on this, the Crown agreed to resolve the charges through the Alternative Measures Program. As a result, the charge was withdrawn, and our client avoided a criminal record.

Successful Result: Charge Withdrawn; Resolved with Alternative Measures Program; No Criminal Record

Case Number: 4198

Our client was in an intimate relationship with the complainant for several months. At the time of the incident, the relationship was mutually coming to an end. One morning following a party the night before, our client woke the complainant up by dancing in front of her face naked, hoping to seduce her. Instead, the complainant was reminded of a previous sexual assault and the two argued for several hours. After the altercation, the complainant contacted police stating that our client had made threats to her and published an intimate image of her online. Our client was arrested shortly thereafter.

Upon being retained, we learned there was a serious discrepancy in the narrative. Our client claimed to have been doing a silly dance to amuse his partner. The complainant alleged that he tried to force his genitals into her mouth. At trial, the Judge found our client to be credible and had doubt that he did what the complainant alleged. He acquitted our client of sexual assault and entered an absolute discharge to the charge of uttering threats. The Crown Prosecutor then withdrew the remaining charge of publishing an intimate image.

Successful Result: Acquittal and Absolute Discharge at Trial; Charge Withdrawn; No Criminal Record

Case Number: 55592585

While our client was in high school, he exchanged nude photos with a female classmate. The two decided to meet in a washroom in between classes where they engaged in physical acts. The complainant claimed to the police that she did not want to go through with it, but he persisted. Our client was subsequently charged with sexual assault.

Upon being retained, we worked through the allegations with our client and analyzed the disclosure to assess the evidence against him. The complainant stated that she never actually vocalized her lack of consent. We raised a defence that, based on this statement, our client had an honest but mistaken belief in the presence of consent. As a result, the Crown Prosecutor withdrew the charge against our client.

Successful Result: Charge Withdrawn

Case Number: 37370079

Our client arranged a date with a woman he met online. When she arrived at his home, the two engaged in sexual activity. Afterwards, she left his home and complained to police that the sexual activity was forced. Our client maintained that it was consensual. He was later arrested and charged with sexual assault. If convicted, he faced the likelihood of jail and being added to a sex offender registry.

Upon being retained, we ordered disclosure and reviewed the evidence against our client. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statement and the evidence. Our client plead not guilty and we proceeded to trial. In our client’s defence, we argued that the complainant gave consent to our client to engage in the sexual acts. We also argued that if the court found that there was no consent, our client had an honest but mistaken belief that it was present. As a result of our advocacy and the credibility issues of the complainant that we raised, the judge found our client not guilty and acquitted him at trial.

Successful Result: Acquitted at Trial

Case Number: 6266008

Our client was arrested for attempting to obtain sexual services from an undercover police officer acting as a prostitute. Our client was arrested after he had a conversation with the undercover officer, during which it was agreed that he would pay her for sex. Once the arrangement was made, she directed him to attend a particular location where our client expected he would receive the solicited services. However, once he went to the location specified by the undercover officer, a police officer was there waiting to arrest him for the offence.

Upon being retained we ordered and reviewed our client’s disclosure, and began negotiating a resolution with the Crown Prosecutor. Notwithstanding the strength of the evidence against our client, were ultimately able to advocate for our client’s placement in the Alternative Measures Program. Once completed, the Crown Prosecutor withdrew the charge against our client, and our client was able to avoid a criminal record.

Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 35370056

Our client was charged with an indecent act after he attended a grocery store and completely exposed himself to a staff member. The staff member reported the incident to her supervisor, who then contacted the police. The police located our client shortly thereafter and arrested him for the indecent act.

Upon being retained, we did a detailed review of our client’s disclosure and found a number of inconsistencies between the police report and the statement given by the complainant. We then began resolution discussions with the Crown Prosecutor, and were able to use the inconsistencies to persuade the Crown to withdraw the charges against our client.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 311023

Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between himself and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.

While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased their prosecution and our client walked away from the charges with no criminal record.

Successful Result: Charges Stayed, No Criminal Record

Case Number: 531492

Our client was arrested for soliciting prostitution after he was caught in the act by an undercover police operation. It is alleged that our client drove into an area well known for prostitution. He approached an undercover officer posed as prostitute, and offered her cash in exchange for sexual services. After making his offer, he was informed that he was under arrest, and was charged for soliciting prostitution.

Upon being retained, we immediately ordered disclosure and reviewed the evidence against our client. Even though the evidence against him was very strong, we were able to persuade the Crown prosecutor to divert our client into the Alternative Measures Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 551866

Our client was charged with voyeurism after he tried to make an inappropriate visual recording of a staff member at a tanning salon. The complainant alleged that after she had taken off all of her clothing in a tanning room prior to entering a tanning booth, that she looked up and saw that a cellphone was being held over the wall from the adjacent tanning room. She also reported that she could tell that the phone was recording her. She yelled at a fellow staff member to bring her a robe and quickly called the police. Our client who was holding the phone and making the recording was then arrested and charged with Voyeurism.

Once retained we ordered and thoroughly reviewed disclosure and found a significant weakness in the case against our client. We were able to successfully leverage this weakness in subsequent negotiations with the Crown Prosecutor, and we were able to persuade her to withdraw the charges against our client in exchange for a charitable donation.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55572393

Our client was charged with sexual assault after he slapped a stranger’s buttocks while he was heavily intoxicated. Our client had mistaken her for a friend. The police were called and they arrested our client.

Upon being retained, we ordered and reviewed disclosure. Through our interviews with our client, we found out that alcohol had likely contributed to his actions. We directed our client to attend for sexual boundaries counseling and substance abuse counseling. We began negotiating with the Crown Prosecutor. We advocated for our client by explaining the circumstances surrounding the offence and providing proof of our client’s progress in counseling. We ultimately convinced the Crown Prosecutor to withdraw the charge against our client.

Successful Result: Charge Withdrawn, No Criminal Record

Case Number: 45370276

Our client was charged with sexual interference after it was alleged that he had sexual intercourse with an underage girl. The sex was consensual and our client was not aware that the complainant was under 16 years of age. The incident was reported to the police, who then located our client and arrested him for sexual interference with a minor.

Upon being retained, we immediately reviewed disclosure and began to identify weaknesses in the Crown’s case. We also helped our client vary the conditions in his bail order to make them less restrictive. We represented our client in the Preliminary Inquiry and after a lengthy preparation for trial, the Crown eventually issued a stay of proceedings before the trial began.

Successful Result: Charges Stayed, No Criminal Record

Charges Resolved with a Peace Bond

Case Number: 1514446

Our client, a youth, had a party at his home where everyone was drinking. Following the party, a female friend slept in his bed and the two engaged in sexual activity. The next morning, she advised him that she did not consent and went to the hospital and police. Our client was then charged with sexual assault.

Upon being retained, we scheduled a section 276 hearing to determine whether there was evidence to support our client’s honest but mistaken belief in consent defence. This hearing supported our client’s contention that he honestly believed in the presence of consent. Based on this, we were able to persuade the Crown Prosecutor to withdraw the charges and resolve the issue with a Peace Bond.

Successful Result: Charge Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 1514389

Our client was staying over at a family friend’s home when his friend’s six-year-old daughter came to sit with him on the couch. She later told her mother that our client moved her hand to his genital area. The mother called the police and after investigating, our client was charged with sexual assault, sexual interference, and sexual invitation. If convicted, he faced a likely prison sentence and would be added to the sex offender registry.

Upon being retained, we ordered disclosure and reviewed video footage of interviews with our client, the complainant and others involved in the investigation. The reliability of the complainant was a concern and our client denied the alleged conduct. There were no allegations of any other behavior and our client had a clean record. At the preliminary inquiry, we spoke with the Crown Prosecutor and she agreed to withdraw the charges in return for our client entering a Peace Bond.

Successful Result: Charges Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 551903

Our client was charged with sexual assault, breaking and entering, assault, and dangerous driving after an extremely heated argument with his wife about their recent separation. The verbal argument became physical, and his wife alleged that our client had sexually and physically assaulted her. She also alleged that during the assault she tried to escape in her vehicle, but her husband chased her down the street in his car. The charges against our client were further aggravated by his wife reporting a long history of sexual abuse throughout their relationship.

Our client initially retained us when he called us from jail seeking an immediate bail hearing. We were able to successfully and quickly secure his release without a formal hearing by negotiating his release on very strict conditions. Upon being retained, our client explained to us that he not only wanted to avoid time spent in jail, but that he needed to avoid a criminal record in order for him to keep a job that required frequent travel between Canada and the United States. However, based on the  severity of the charges a significant jail sentence was initially being sought by the Crown Prosecutor. Prior to entering into resolution discussions with the Crown, we conducted an extremely thorough review of the disclosure for our client’s charges and flushed out every weakness and inconsistency in the Crown’s case. We further directed our client to engage in extensive counselling to improve the outcome of his matter. We then began to negotiate with the Crown, and on the basis of our strategic advocacy we were able to successfully resolve all matters by way of a peace bond. As a result, all substantive charges against our client were withdrawn.

Successful Outcome: Peace Bond, Charges Withdrawn, No Criminal Record

Charges Discharged

Case Number: 2250023

Our client was charged with voyeurism after he placed a camera in the bathroom he shared with his roommate female roommate. While in the bathroom, his roommate found the concealed camera, played it back, and found footage of our client hiding it from view. She called the police and reported the incident, and our client was then arrested and charged with voyeurism.

Upon being retained we immediately sought disclosure and quickly went before the court to amend a term of our client’s recognizance which precluded him from entering his own home. We then helped our client develop a comprehensive plan to address the underlying mental health issues that contributed to his criminal acts. We also ordered a presentence report and sought out letters of reference and proof of counseling, which was forwarded to the Crown. The Crown was persuaded to join us in an application for a conditional discharge, and on the basis of our advocacy we were able to successfully obtain an 18 month discharge which allowed our client to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Charges Resolved with Reduced or No Jail Time

Case Number: 25190290

Our client was charged with sexual assault after a pub employee complained that he inappropriately touched her. The police were called and immediately arrested our client at the pub.

Upon being retained, we ordered and reviewed disclosure and prepared our defence. We began negotiations with the Crown Prosecutor who originally sought a full prison sentence for our client if convicted. Despite this, we were able to successfully negotiate an early resolution of probation with community service and as a result, our client did not spend time in jail for the offence.

Successful Result: Suspended Sentence (Probation); No jail time

Case Number: 55592526

Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.

Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges, and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and based on those discussions the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.

Successful Result: Charge Withdrawn; 12 Months Jail and Probation

Case Number: 35380218

Our client participated in online forums where he wrote stories of sexual fantasies and shared them on the internet. Some of these stories contained sexual interactions between himself and minors. When he was anonymously reported for these stories, the police opened an investigation. There was no evidence of actual sexual contact, but the stories themselves still constituted a charge of Possession of Child Pornography. Our client was arrested and faced a lengthy prison sentence if convicted.

Upon being retained, we ordered disclosure and reviewed the investigation of our client. This charge previously carried a mandatory minimum sentence of 6 months whether it was dealt with as a summary offence or an indictable offence. The minimum sentence was struck down at the indictable level prior to our client being charged. While we were confident in our ability to have it struck at a summary level, we instead strategically elected to proceed at the indictable level and were successful in arguing for a sentence of 90 days of intermittent imprisonment.

Successful Result: Reduction in Jail Time below the Mandatory Minimum

Case Number: 55492536

As a teenager, our client spent years accumulating a collection of child pornography to trade with strangers on the internet. Based on a tip, the police executed a search warrant on our client’s personal devices where they found hundreds of images and videos. Our teenage client was facing an adult sentence of a lengthy prison term which was likely to cause serious harm to his adult development and rehabilitation.

Upon being retained, we worked to enter our client into counselling and mental health treatment. He was welcomed into sexual support counselling with specialists in this area. Due to his age and his clear demonstration of remorse, the Crown Prosecutor agreed to sentence him under the Youth Criminal Justice Act for a probationary period with no jail time.

Successful Result: Probation; Mental Health Treatment

Case Number: 55672380

Our client was arrested after the police executed a warrant to search his residence and seized several electronic devices. Our client was facing a significant set of charges including making, possessing, and accessing child pornography, four counts of luring, procuring a young person, and invitation to sexual touching, all occurring over the course of many years. Our client was facing a minimum of 13 years imprisonment if he was convicted of all these offences. The charge of procuring alone carried a minimum sentence of 5 years imprisonment.

Upon being retained, we ordered and reviewed disclosure. With our client’s instructions to resolve his matters, we began extensive negotiations with the Crown Prosecutor on the file. We successfully argued for a significant reduction of charges and a jail sentence of only 3 years.

Successful Result: Reduction in number of charges, Reduced jail sentence

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Jonathon Himann
Jonathon Himann
20:19 13 Jul 20
I have nothing but praise for Oykhman. Their customer service was top notch. Joseph Beller was able to phone me back... within minutes of me leaving a message on their machine. He explained the possible consequences and calmed me down mightily. The whole conversation was extremely professional, from the receptionist to the email follow up. I would have no hesitation recommending them.read more
Tianda Praud
Tianda Praud
02:53 01 Jul 20
With the assistance of Elena Ryland, my charges have been withdrawn! Elena is compassionate and incredibly... understanding. Despite being charged during a pandemic, she made the whole process so simple. I strongly encourage anyone to retain Elena and trust in her and the rest of the team at Savage Oykhman!read more
Brittany Collins-Berthelot
Brittany Collins-Berthelot
14:43 26 Jun 20
Elaine was amazing from the start, she made me feel very comfortable and trusting of her. The staff was very... professional and caring. I would highly recommend Elaine to my family and friends.read more
Brendan Mcdonald
Brendan Mcdonald
16:15 16 Jun 20
I have had Mr. Oykhman represent me twice now and on both occasions the issues were fully resolved having all charges... withdrawn. His service is second to none. I know once Mr.Oykhman is retained that everything will be resolved and in a favorable way because he will take care of the issues at hand. I highly recommend Mr.Oykhman to anyone that wants a stress free encounter and piece of mind knowing their issues will be takin care of, and in the end the outcome will be favorable. I would never think of ever hiring another lawyerread more
Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend her.read more
classified666 .
classified666 .
19:42 27 May 20
I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your case.read more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
I am going through an extremely difficult divorce and my ex made a power move by making an allegation against me that... involved the police and the start of a three month investigation. Upon the advise of a former RCMP member who is a good friend I engaged the Services of Michael to help with the investigation phase and contact by the city police. His services in dealing with the investigation and guiding me through this is beyond value. I would highly recommend his team. I am pleased to report that with his guidance the matter was dropped before charges, money well invested. If you get contacted by police your first call should be to his office.read more
Daniel Araia
Daniel Araia
00:55 22 Apr 20
If anyone is looking for professional legal lawyer I’m hardly recommending to anyone to Michael Oykhman with his... team. Trust me you will get quality service with professionalism from Michael Oykhman and all his team. Thanks to you all for your time and commitment I’m totally satisfied with all your hard work keep doing good job guys cheers.read more
David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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