If John and James CONSPIRED to steal a diamond necklace at a mall, but James stole a 2021 Range Rover while they were leaving the mall, arguing that it was his only opportunity to drive a nice truck.
Mr. Saheed, a detective, subsequently investigated and charged both John and James with the conspiracy to steal a diamond necklace and Range Rover.
At law, based on these facts, John will be found guilty of conspiring to steal the diamond necklace, but he will be found NOT guilty of stealing the 2021 Range Rover. The rationale is simple: Yes, John is a criminal, but we should punish him based on what he narrowly agreed to, including foreseeable crimes. John will argue that the stealing of the 2021 Range Rover was unforeseeable and of a different nature than the original crime planned. Severability of crimes is very important when you have co-conspirators.
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