What is the test for determining whether a criminal act was a natural and probable consequence of another criminal act aided and abetted by a defendant?

California, United States of America


The following excerpt is from People v. Gutierrez, B259135 (Cal. App. 2016):

"The determination whether a particular criminal act was a natural and probable consequence of another criminal act aided and abetted by a defendant requires application of an objective rather than subjective test. [Citations.] This does not mean that the issue is to be considered in the abstract as a question of law. [Citation.] Rather, the issue is a factual question to be resolved by the jury in light of all of the circumstances surrounding the incident. [Citations.] Consequently, the issue does not turn on the defendant's subjective state of mind, but depends upon whether, under all of the circumstances presented, a reasonable person in the defendant's position would have or should have known that the charged offense was a reasonably foreseeable consequence of the act aided and abetted by the defendant. [Citations.]" (People v. Ngyuen (1993) 21 Cal.App.4th 518, 531.)

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