Elements of Theft

What Is Theft?

Theft, also known as larceny, can be defined as the wrongful taking and carrying away of the property, such as money or gas, of another with the intent to deprive the person of the property permanently. Theft can be committed in a number of different ways, many of which are described below.

What Are the Elements of Theft?

In order to be properly convicted of theft, all of the following elements must be proven:

  • Wrongful Taking – The property was taken without consent and was unlawful
  • Carrying Away – The property need was moved from where the owner had placed it or intended it to be placed
  • Property of Another – The property must belong to someone other than the thief
  • Intent to Deprive Permanently – The thief intends that the owner not own the property ever again.

It is a defense in most cases of theft if the thief reasonably believed the property belonged to him.

What Are the Types of Theft?

The specific elements needed to prove theft depend on the type of theft committed.

Auto Theft: Theft of a motor vehicle. Motor vehicles include cars, trucks, buses, motorcycles, etc.

Petty Theft: The theft of anything with a value less than a specified money amount. In most states, theft of anything under a value of $400 is petty theft. Petty theft is usually a misdemeanor.

Felony Theft: Sometimes also known as grand theft, is theft of anything over a specified value, usually over $400. As indicated by the name, this type of theft is a felony.

Theft by EmbezzlementEmbezzlement occurs when you take property that has been entrusted to you. It is necessary that the property be acquired through a relationship of trust, also known as a fiduciary relationship.

Theft by Forced Entry: Theft by forced entry onto a property, such as a house, room, apartment, motor vehicle or tent, is considered burglary. Note that the thief does not have to actually break into the property for it to be burglary. Trespass, entry without consent, is enough to trigger burglary if the trespass was committed to enable theft.

Theft by Force: Theft through the use of force or fear of force is known as robbery. Note that the actual application of force is not required; the victim merely has to be afraid of the thief for the crime to be considered robbery. Robbery may be enhanced, be given extra punishment, if a deadly weapon was used to commit the crime.

Theft by Deception: There are two kinds of theft by deception. One is called false pretenses and the other is known as larceny by trick.

  • False Pretenses – When you deceive someone into giving up possession and ownership of his or her property through some misrepresentation of the truth, such as lying, you have committed the crime of false pretenses. For example, if you lie to someone and tell them that you will pay $5000 for his or her car and they give you the car, with the pink slip, you have committed false pretenses.
  • Larceny By Trick – Unlike false pretenses, to commit larceny by trick all you need is to trick someone into giving possession of his/her property to you. For example, if you just tell a person you want to borrow his or her car, yet you do not intend to return it, you have committed larceny by trick.

Theft By Possession: This occurs when you are in possession of stolen property. In order to be guilty of theft by possession, you must have possession of stolen property, know that it is stolen or have reason to believe it probably was stolen, and meet the other elements of theft.

What Can You Do If You Are Accused of Theft?

If you are accused of theft you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses, and the criminal justice system. A criminal defense lawyer has the experience and knowledge to help defend you.

What If I Am a Victim of Theft?

If you are a victim of theft you should call the police. If there is sufficient evidence, the police will forward your case to the Prosecutor’s office to prosecute the person who committed the crime against you.


According to the formal definition , any action that is legally prohibited by the law can constitute a crime. At present, crime has become an integral part of our lives in the sense that we are all so much used to it simply because we hear or face crime every other day. In a society that we live in today the mass media has so much influence and sway that it is not a big deal when we wake up in the morning get a hold of a newspaper and read about some brutal murder the story of which is intentionally put in the paper for the sole reason of getting the reader’s attention. Then later in the day we might as well turn on the television and see the official footage where the police apprehend a serial killer who has murdered 15 people up to that point in different areas across the country. And finally in the evening we find some time to relax and watch a movie with a criminal content, which give a vivid thrilling story of an enraged sadistic murderer who kills innocent people left and right in order to accomplish his sinister and mysterious scheme. This is a typical day that a person spends in today’s world and it cannot but influence his or her social attitudes and perceptions

Juvenile crime and delinquency has become a very vital issue in the society at this point in time. Officially a juvenile crime is any offense committed by children or adolescents under the age of 18 years. These crimes are legally referred to as delinquency and would be considered serious offenses, if they were they committed by adults. There are also minor transgressions that are termed status offenses. Those include some minor misconduct such as acts of social disobedience. Status offenses are not usually punished by serving term in prison and delinquency offenses along with the status crimes are all handled by the Juvenile court. (Encyclopedia Britannica, 2001) Nevertheless, there are more serious offenses such as murders, rapes committed by minors and those can also be brought to the criminal court and involve more serious punishment. There was a social debate that caused a great deal of controversy concerning the age that children can be actually held accountable for their personal actions.

What happens during a riot: the rioters do not represent the majority of community members As mentioned above, MPs and the general public in Canada have concluded that there were only two ways to cope with the riots: severely punish the looters or help these communities cope better with their social problems. However an understanding of what actually happens during a riot and looting helps avoid such over simplistic responding. In a recent paper aptly called “Burn, Baby, Burn”, Jonathan Bean (2000) points out that looters in the United States (US) riots of the 1960s and 1970s constituted only a small minority of those living in the community and were definitely not those community members who dedicated their time to improving their communities through enlightened and peaceful means. Surveys taken after several riots have shown clearly that most community members did not approve of the rioting and looting. They believed the looters were acting out of pure self interest. Moreover the rioters and looters were actually making it more difficult for those who were trying to improve the lot of their community through peaceful, legal, and orderly means.

The minority status of the rioters raises the important question of why there is this sub group of unreflecting, short-sighted, and asocial individuals. What factors lead to these individuals developing such distorted sense of values and acting in such maladaptive ways? The answer to this question is complex but the important point is that the solution to such riots and looting is not to just punish the subgroup. In fact this will not help even change the behaviour of this subgroup and does nothing to help those in the disadvantaged communities and prevent similar disturbances in the future.


Gun-related violence is violence committed with the use of a gun (firearm or small arm). Gun-related violence may or may not be considered criminal. Criminal violence includes homicide (except when and where ruled justifiable), assault with a deadly weapon, and suicide, or attempted suicide, depending on jurisdiction. Non-criminal violence includes accidental or unintentional injury and death (except perhaps in cases of criminal negligence). Also generally included in gun violence statistics are military or para-military activities.

They cause fear, destroy property, threaten community security and drive out businesses.

The gang problem affects all races, ethnicities, socioeconomic classes and neighbourhoods, including suburbs and rural areas. Studies show that prolonged involvement in gangs can wreak havoc on a child’s life and development.

Luckily, there are many ways you can prevent gang problems in your community.

What does “gang” mean?

Any group of three (3) or more people, formally or informally organized, which may have a common name or identifying sign or symbol, where members individually or collectively engage in or have engaged primarily in street level criminal behavior, creating an atmosphere of fear and intimidation within the community.

Understand the gang allure

Street gangs provide the illusion of belonging, security and friendship, especially for teens who feel isolated because of their ethnic or cultural background. Many teens get caught up in the excitement of gang membership even when they are forced into violent, scary circumstances.

Gang related activities affect everyone

Signs that your child may be involved in gang activity…

  • Shows signs of tobacco, alcohol or drug use.
  • Changes circle of friends and desires too much privacy.
  • Carries a weapon or conceals personal items.
  • Makes impulsive, excessive purchases (clothes, jewelry, car).
  • Has large sums of money from an unexplained source.
  • Uses a gang’s specific colours, emblems or hand signals.
  • Has had negative interactions with police.
  • Engages in vandalism or delinquent behaviour.

What parents can do to assist in preventing gang activity…

  • Spend quality time with your children and get involved in their education.
  • Know your children’s friends and their families.
  • Teach your children how to cope with peer pressure.
  • Help your children develop good conflict/resolution skills.
  • Encourage your children to participate in positive after school activities with adult supervision (e.g. organized sports, youth groups).
  • Challenge your children’s whereabouts.

“Gangs are a complex issue. They involve at-risk youth and men and women in organized crime groups. We know that a multifaceted solution that involves the entire community is the answer. To that end, we as a community need to address the broader social factors at play.  Effective anti-gang efforts begin with partnerships among parents, schools, law enforcement, religious institutions, community organizations, businesses and youth. And to successfully address the gang phenomenon, we need to develop a comprehensive gang strategy, involving several components:  Early identification of at risk individuals, education, prevention, diversion, suppression, exit strategies and community involvement.”

What’s our community doing about street gangs?


  • Child and Youth Friendly Burlington is a not-for-profit organization specializing in youth leadership and mentoring initiatives.
  • Christie Lake Kids serves economically disadvantaged children and youth by providing recreation and skill-building programs at no cost and with all barriers to participation removed.
  • Boys and Girls Club of Burlington offers a range of opportunities and activities to youth in a safe, supportive atmosphere.
  • Big Brothers Big Sisters Burlington pairs children with inspiring mentors who act as friends and role models.
  • Kids Help Phone provides youth with toll free, 24 hour, bilingual and anonymous phone counseling across the country.
  • Children and Youth Agenda sponsored by the City of Burlington and United Way burlington seeks to improve access and availability of services for youth and their families through community action.

DUI Penalties in Canada

Penalties faced for a DUI offense depend on several factors, including:

  • Driver’s BAC.
  • Driver’s status as a novice driver, commercial driver or fully licensed driver.
  • Driver’s previous DUI record.
  • Driver’s home province.
  • Whether an injury or death occurred because of the driver’s actions.

Impaired driving does not only refer to drunk driving. It can also refer to driving while under the influence of any substance, such as cannabis or a prescription drug.

In Canada, it is possible for a driver to face administrative and criminal penalties when his BAC is determined to be in the “warn” range, 0.05 to 0.08 percent BAC.

DUI Is a Criminal Conviction

DUI is a federal offense in Canada and will result in a criminal conviction on your record. The Crown of Canada determines whether prosecution is pursued as an indictment (equivalent to a felony in the United States) or as a summary conviction (equivalent to a misdemeanor in the U.S.). Most DUI charges in Canada are prosecuted as summary convictions.

Being convicted of impaired driving leads to many penalties that can include:

  • A mandatory ignition interlock device on the driver’s vehicle.
  • Mandatory completion of a drug rehabilitation program.
  • Medical evaluation to determine whether the driver is fit to drive again.

Fines Assessed for DUI

A driver faces a fine of $1,000 or more for an impaired driving conviction, refusing to provide a BAC test sample or driving with a BAC of 0.08 percent or higher. Subsequent offenses in these categories result in higher fines. For driving while prohibited from doing so or driving after being federally convicted of impaired driving, a driver faces a fine of up to $2,000.

A driver facing her first charge of driving while in the warn range faces a fine of $250. Subsequent charges result in higher fines and additional fees, like a $250 driver’s license reinstatement fee.

Jail Time Is Possible

On July 2, 2008, Canada’s minimum punishment for DUI offenses was amended. A first offense now carries a minimum fine of $1,000 and second offenses within a 10-year period are punishable by a minimum 30-day jail term. Each subsequent conviction will result in jail time of at least 120 days. Summary convictions carry a maximum sentence of 18 months.

Loss of License

When a Canadian driver is convicted of impaired driving, he faces two distinct driver’s license suspensions: a criminal suspension, which is imposed by the federal government, and an administrative suspension, which is imposed by the government of the province where the driver lives. A driver faces an administrative suspension regardless of the outcome of his criminal case. The length of this suspension depends on the driver’s province.

As of 2019, law enforcement can also suspend drivers’ licenses immediately (while stopped by police at the side of the road) upon determining that the driver was under the influence. For a first-time offense, the driver faces a three-day suspension and a $250 fine. The suspension length, fine amount and whether the driver faces additional penalties depend on her age, license type and previous DUI record. If the driver is found guilty of impaired driving in court, she can face additional criminal penalties.

Additional Fines for Driving While Prohibited

Once a driver’s license is suspended, the driver is prohibited from driving. This is true even if he has not yet gone to court to fight the charge. Penalties for driving with a suspended license prior to a DUI hearing are:

  • Fine of $500 to $2,000 for a first offense.
  • Fine of $500 to $2,000, plus 14 days or longer in jail for a second offense, and a one-year extension to the suspension.

After the driver has been convicted, he faces these same penalties for driving while his license is suspended.

Travel Restrictions After Conviction

Those convicted of a DUI or DWI in the U.S. within the past 10 years may be denied entry into Canada. Since DUI (having a blood alcohol level above 0.08 percent in the United States) is the equivalent of a serious criminal offense, only those deemed rehabilitated can enter the country. This involves applying for an individual criminal rehabilitation by submitting an application along with proof that you have served your sentence, paid all associated fines and have three letters of reference.

Why is bail so high?

Bail, also known as a “recognizance of bail“, is a court order that lets you remain in the community while your case is in the court system.

A bail hearing is not a trial. The judge or justice of the peace doesn’t decide whether you’re guilty or innocent. Instead, they decide whether or not you should go back into the community while your case is in criminal court. If you’re denied bail you will be kept in custody while your case is ongoing.

A bail hearing is also known as a show cause hearing. That is because usually the Crown must “show cause” why you shouldn’t be released from custody on the least strict type of release: an undertaking without conditions.

An undertaking without conditions lets you be released from custody as long as you promise to go to court when required. If the Crown wants you to follow more conditions if you’re released, they must explain to the judge or justice of the peace why.

Sometimes, you may need to “show cause” why you should be allowed to go back into the community while your case is in court. This is called a “reverse onus” bail hearing. A reverse onus bail hearing happens if:

  • you were already on a release and now you’re facing new, unrelated criminal charges
  • you were already on a release and you didn’t follow your conditions, and have been charged with failure to comply
  • you were charged with a drug offence involving the sale of drugs
  • you were charged with certain serious offences

At a bail hearing, a judge or justice of the peace will decide if you should be held in custody or released. If you’re granted bail, you will likely have to follow conditions given to you by the court.

How Bail Is Determined

A judge sets the bail amount and generally adheres to standard practices depending on the crime. For example, a petty and nonviolent offense could have a bail amount of $50-$2,000 depending on the jurisdiction. However, judges are also able to set higher or lower bail amounts for different circumstances. The amount is determined based on additional factors such as whether the defendant is a first offender or has a prior criminal record; whether the person is a potential flight risk; and how dangerous the person is to the public.

Along with the bail charge, the court can issue two types of bond: secured or unsecured. With a secured bond, the defendant either pays – or promises to pay, using the services of a bail bond agent – an amount of money before he or she is released from jail pending trial. With an unsecured bond, the defendant is released upon his or her written promise to appear in court, and if he or she doesn’t appear, must then pay the full bail amount.

Misdemeanors come with much lower bail amounts than felonies do. In both categories, there are different classes that determine the duration of punishment and the bail amount. In some jurisdictions, there are bail schedules that recommend a standard bail amount. For example, for a Class 1 Misdemeanor offense, the minimum jail time could be between 1 and 45 days with a suggested bail cost of $100-$500. Alternatively, for a Class E Felony offense, the minimum jail time could be 15 months with a suggested bail cost of $25,000.

Bail As Incentive

Another reason bail costs are so high is that bail is designed to act as an incentive. In order for the bail money to be refunded at the end of trial, the defendant must attend all court appointments and not violate any other terms of bail (for example, not leaving the state, not committing any additional crimes, etc.). The high cost of bail means that defendants are much more likely to adhere to the conditions of their release so that they don’t lose all the money they (or a bond agent or family member) have put up.

Contact Us

If you’re dealing with an unexpected arrest and need assistance with posting bail for a friend or loved one, contact our Bail Bonds Division today. We’ll work with you to alleviate the high cost of bail and to ensure your loved one’s quick release from jail.

Murder & Manslaughter:Criminal Attorney In Burlington

Murder and manslaughter and all other cases involving a death are usually more complex and emotional than any other matter. Anything you say or do can potentially hurt your case. Contacting a lawyer immediately will help protect your rights and ensure that proper procedures are followed.

More importantly, consulting our firm will help you understand the specifics of the criminal charges against you, and how to best defend your case. At Leo Adler Law, we helped individuals in Toronto, in Ontario and elsewhere in Canada with legal defences for:

  • First and second degree murder
  • Attempted murder
  • Manslaughter
  • Negligence causing death
An audience member raises a hand as President Barack Obama finishes his closing remarks at the NAACP Convention in Philadelphia, Pa., July 14, 2015. (Official White House Photo by Lawrence Jackson)

Defending Murder Charges

In Canada there is no charge more serious than an allegation of murder or manslaughter. Homicide offences, including first-degree murder, second-degree murder and manslaughter can attract lengthy jail sentences including the potential for life in prison. Clients facing murder or manslaughter charges need to very carefully consider the lawyer they want to hire to assist them with this most serious of matters.

Daniel Brown is among a select group of criminal defence lawyers who are certified as specialists in criminal law and has successfully represented numerous clients charged with murder, manslaughter and attempted murder. He has also obtained bail pending trial for several of his clients facing a murder allegation.

Understanding Murder and Manslaughter Charges in Canada

Of all violent offences, murder is the most serious crime in Canada. If convicted, the accused will face mandatory life imprisonment.

Murder charges are either first or second degree. First degree murders are ones that are committed with planning and deliberation. Murder is also first degree if the victim is a police officer or jail guard or if it occurs during the course of a kidnapping, sexual assault, hostage­-taking, or hijacking. All other murders are second degree.

A conviction for murder will result in a mandatory life sentence with variable parole eligibility. First degree murderers will not be eligible to apply for parole for 25 years, while second degree murderers must wait at least 10 years or more depending on the sentencing judge’s ruling.

Manslaughter charges are different, but similarly serious. Manslaughter refers to a homicide where the accused commits an unlawful act which causes the deceased‘s death without intending to actually kill him or her. This often occurs during self­-defence scenarios where there was an unreasonable escalation of force, or as a result of negligent driving or the illegal possession of firearms.

The seriousness of these charges demands special protocol both for the investigation and bail process. Police investigations are typically conducted by special teams who deal exclusively with murder and other violent offences. The investigation itself is often much more invasive, and the interrogation process is particularly stringent, with any and all replies given to police liable to be used against you in court.

For this reason, the first thing you should do upon being arrested for a violent offence is to contact a murder or manslaughter lawyer in Toronto; qualified legal representation can ensure Charter compliance during your investigation, and help you circumvent cases of false confessions. The bail procedure for individuals involved with murder or manslaughter cases is also different, requiring the legal expertise of a seasoned criminal defence lawyer in Burlington to navigate successfully.


Addiction is a disease that affects your brain and behavior. When you’re addicted to drugs, you can’t resist the urge to use them, no matter how much harm the drugs may cause.

Drug addiction isn’t about just heroin, cocaine, or other illegal drugs. You can get addicted to alcohol, nicotine, opioid painkillers, and other legal substances.

At first, you may choose to take a drug because you like the way it makes you feel. You may think you can control how much and how often you use it. But over time, drugs change how your brain works. These physical changes can last a long time. They make you lose self-control and can lead you to damaging behaviors.


Drug abuse is when you use legal or illegal substances in ways you shouldn’t. You might take more than the regular dose of pills or use someone else’s prescription. You may abuse drugs to feel good, ease stress, or avoid reality. But usually, you’re able to change your unhealthy habits or stop using altogether.

Addiction is when you can’t stop. Not when it puts your health in danger. Not when it causes financial, emotional, and other problems for you or your loved ones. That urge to get and use drugs can fill up every minute of the day, even if you want to quit.


Your brain is wired to make you want to repeat experiences that make you feel good. So you’re motivated to do them again and again.

The drugs that may be addictive target your brain’s reward system. They flood your brain with a chemical called dopamine. This triggers a feeling of intense pleasure. So you keep taking the drug to chase that high.

Over time, your brain gets used to the extra dopamine. So you might need to take more of the drug to get the same good feeling. And other things you enjoyed, like food and hanging out with family, may give you less pleasure.

When you use drugs for a long time, it can cause changes in other brain chemical systems and circuits as well. They can hurt your:

  • Judgment
  • Decision making
  • Memory
  • Ability to learn

Together, these brain changes can drive you to seek out and take drugs in ways that are beyond your control.


Each person’s body and brain is different. People also react differently to drugs. Some love the feeling the first time they try it and want more. Others hate it and never try again.

Not everyone who uses drugs becomes addicted. But it can happen to anyone and at any age. Some things may raise your chances of addiction, including:

Family history. Your genes are responsible for about half of your odds. If your parents or siblings have problems with alcohol or drugs, you’re more likely as well. Women and men are equally likely to become addicted.

Early drug use. Children’s brains are still growing, and drug use can change that. So taking drugs at an early age may make you more likely to get addicted when you get older.

Mental disorders. If you’re depressed, have trouble paying attention, or worry constantly, you have a higher chance of addiction. You may turn to drugs as a way to try to feel better.

Troubled relationships. If you grew up with family troubles and aren’t close to your parents or siblings, it may raise your chances of addiction.


You may have one or more of these warning signs:

  • An urge to use the drug every day, or many times a day.
  • You take more drugs than you want to, and for longer than you thought you would.
  • You always have the drug with you, and you buy it even if you can’t afford it.
  • You keep using drugs even if it causes you trouble at work or makes you lash out at family and friends.
  • You spend more time alone.
  • You don’t take care of yourself or care how you look.
  • You steal, lie, or do dangerous things like driving while high or have unsafe sex.
  • You spend most of your time getting, using, or recovering from the effects of the drug.
  • You feel sick when you try to quit.


If your drug use is out of control or causing problems, talk to your doctor.

Getting better from drug addiction can take time. There’s no cure, but treatment can help you stop using drugs and stay drug-free. Your treatment may include counseling, medicine, or both. Talk to your doctor to figure out the best plan for you.

Theft Vs Burglary

Your house is one of your most important assets, so insuring it should be just as important. Given the frequency of natural calamities, the importance of home insurance can’t be stressed enough. But a house insurance policy doesn’t just insure your house against natural catastrophes, it also insures the contents of the house against burglary. But did you know that your house insurance policy will not cover theft? So what is the difference between burglary and theft? Let’s find out.


There are two types of insurance policies to cover your house: basic fire insurance policy and a comprehensive policy, also called the householder’s package policy (HPP). The fire policy covers your house and its contents against fire and other allied perils, including storm and flood. Some insurers may ask you to pay an extra premium to cover other natural disasters such as earthquakes.

HPP, over and above the fire insurance policy, includes covers that insure contents of your house against burglary and mechanical or electrical breakdowns. You can also add covers such as a public liability cover, which compensates a third party for losses caused by you; or a personal accident cover offering insurance on accidental death or total permanent and partial disability due to an accident.


While a packaged home insurance policy offers financial protection in case of damage due to natural calamities, it also compensates you if somebody breaks into your house and steals your valuables. Burglary is a real threat and it is good that your insurance covers it. But you must go through the insurance policy’s details to know how it defines burglary. While you may use the words burglary and theft interchangeably, the two have a different meanings in law and this distinction is observed by the insurers too. Burglary, by definition, involves a break-in through violent or forcible means. So if a person breaks a window to get into the house or break open your cupboard to steal, it is considered burglary. Usually, an HPP covers burglary but not theft.

Theft would mean the person committing the crime had access to the house or its valuables. For example: you may have dropped the keys of your house near the door, and come back home to discover your jewellery stolen. This is more a case of negligence. The insurer could say that you should have kept the keys safely. The reason why insurers don’t cover theft is because it is difficult to administer and often can be due to negligence. But some insurers also offer theft insurance as an add-on cover to the HPP.


As soon as you discover a burglary, file a first information report (FIR) and intimate the insurer. The insurer will need the copy of the FIR and will also ask for an incident report. It will then appoint a surveyor to investigate the claim. Once approved, the insurer will typically pay for the insured assets on market-value basis.

Information about Theft over and under $5000 depending on the value of the amount alleged to have been stolen.

It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of theft alleged if the conduct accused of took place over a certain period of time. Theft charges usually involve retail theft, including shoplifting and price-switching, breach of trust situations involving employers, and large scale thefts involving vehicles or construction equipment.

These charges may sometimes be laid along with fraud charges. Depending on the circumstances of your case, your theft charge may be difficult for the Crown prosecutor to prove, or your constitutional Charter rights may have been violated during your arrest. As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.

What is the possible penalty for Theft Over $5000?

Under the Criminal Code of Canada, Section cc. 322.(1), every one who is found guilty of Theft Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to ten years.

What is the possible penalty for Theft Under $5000?

Under the Criminal Code of Canada, Section cc. 322., every one who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.

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