Can a jury conclude that the assault with a deadly weapon was a natural and probable consequence of the crime?

California, United States of America


The following excerpt is from People v. Brian Ly, G045177 (Cal. App. 2012):

Additionally, the jury could also conclude that not only did Ly know of Vo's purpose but he assisted in the commission of the target offense (conspiracy to commit robbery) and the nontarget offense (assault with a deadly weapon) was a natural and probable consequence of the target offense. It was certainly reasonable to conclude that when a gang member takes a gun to rob someone, it is foreseeable he will use that gun to assault the victim. (People v. Nguyen (1993) 21 Cal.App.4th 518, 531 [assault with a deadly weapon is natural and probable consequence of armed robbery].)

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