Is there any case law in which an aider and abettor is found guilty of a greater crime than the direct perpetrator?
California, United States of America
The following excerpt is from People v. Starks, B227728 (Cal. App. 2012):
Subsequently in People v. Samaniego (2009) 172 Cal.App.4th 1148, 1164, the court there reasoned: "Though McCoy concluded that an aider and abettor could be guilty of a greater offense than the direct perpetrator, its reasoning leads inexorably to the further conclusion that an aider and abettor's guilt may also be less than the perpetrator's, if the aider and abettor has a less culpable mental state."
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