Does presence at the scene of a crime nor knowledge of the crime, but failure to prevent it, constitute aiding and abetting?

California, United States of America


The following excerpt is from People v. Lane, F074342 (Cal. App. 2019):

"[I]n general neither presence at the scene of a crime nor knowledge of, but failure to prevent it, is sufficient to establish aiding and abetting its commission. [Citations.] However, '[a]mong the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' [Citation.]" (People v. Campbell (1994) 25 Cal.App.4th 402, 409.)

"Whether defendant aided and abetted the crime is a question of fact, and on appeal all conflicts in the evidence and reasonable inferences must be resolved in favor of the judgment. [Citations.]" (People v. Mitchell (1986) 183 Cal.App.3d 325, 329; People v. Campbell, supra, 25 Cal.App.4th at p. 409.)

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