What is a "natural and probable consequence" of an assault?

California, United States of America


The following excerpt is from People v. Gutierrez, B233166 (Cal. App. 2012):

A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence. If the murder was committed for a reason independent of the common plan to commit the assault, then the commission of the murder was not a natural and probable consequence of the assault. [] To decide whether crime of assault and murder was committed, please refer to the separate instructions that I will give you on those crimes."

6. See footnote 2, ante.

7. People v. Ireland (1969) 70 Cal.2d 522 (Ireland).

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