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Criminal law — general principles — degrees of participation in a crime — accessory after the fact — theft — when accused should be convicted on principal charge as a socius and when should be convicted as an accessory — test to be applied — what conduct is sufficient to make person an accessory
Theft being a continuing crime, a person who assists another who has stolen something may, depending on the circumstances, be convicted as a socius of the original offender. This will be the case if what he does in relation to the stolen property makes it less easy for the owner to exercise his rights in relation to the property or if the stolen property passes into the joint control of the thief and the person who assists him. But where his conduct falls short of this, he may be convicted as an accessory, if his association with the theft or the thing stolen is such as would on policy grounds require that he should not go scot free.
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