Can an aider and abettor of one crime be found guilty of another under the natural and probable consequences doctrine?

California, United States of America


The following excerpt is from People v. Bengoa, G048244 (Cal. App. 2014):

The "specified circumstances" referred to - under which an aider and abettor of one crime can be found guilty of other crimes - were then revealed to be those comprising the natural and probable consequences doctrine and the uncharged conspiracy. Thus, those two theories were not proposed as separate and distinct justifications for holding defendant responsible for the charged robberies; instead, they were posited only as support for finding defendant guilty of the robberies as an aider and abettor. The court' s instructions told the jury that defendant could be found guilty of robbery under the natural and probable consequences doctrine if the prosecution established (1) defendant was guilty of theft, (2) during the commission of that theft, a coparticipant committed the robbery, and (3) a reasonable person in defendant's position would have known that the robbery was a natural and probable consequence of the theft. This was proper. (People v. Medina (2009) 46 Cal.4th 913, 920 ["'[a] person who knowingly aids and abets criminal conduct is guilty of not only the intended crime [target offense] but also of any other crime the perpetrator actually commits [nontarget offense] that is a natural and probable consequence of the intended crime'"].) The instructions also told the jury that if it found defendant had participated in a conspiracy to commit

Page 8

Other Questions


What is the test for an aider and abettor to be found guilty of a crime under the "natural and probable consequence" doctrine? (California, United States of America)
Can a defendant convicted as an aider and abettor under a natural and probable consequences theory be found guilty of a lesser crime of second degree murder? (California, United States of America)
What is the test for determining whether an aider and abettor is liable for any other crime that was a "natural and probable consequence" of the crime? (California, United States of America)
Can an aider and abettor be held criminally responsible for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
Is an aider and abettor liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
Does the natural and probable consequences doctrine apply to those aider and abettor of a crime? (California, United States of America)
Can a jury rely on the natural and probable consequences doctrine to find a defendant guilty in 1 for first degree premeditated murder as an aider and abettor? (California, United States of America)
Can an aider and abettor be held criminally responsible for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
What is the nature and probable consequences of the natural and probable consequence of the crime? (California, United States of America)
Is an aider and abettor liable for the natural and probable consequences of a crime committed as a result of their actions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.