What is the legal test for aiding and abetting?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 353, 243 Cal.App.4th 1247 (Cal. App. 2016):

"Therefore, when a particular aiding and abetting case triggers application of the natural and probable consequences' doctrine, the Beeman test applies, and the trier of fact must find that the defendant, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of a predicate or target offense; (3) by act or advice aided, promoted, encouraged or instigated the commission of the target crime. But the trier of fact must also find that (4) the defendant's confederate committed an offense other than the target crime; and (5) the offense committed by the confederate was a natural and probable consequence of the target crime that the defendant aided and abetted." (People v. Prettyman, supra, 14 Cal.4th at p. 262, 58 Cal.Rptr.2d 827, 926 P.2d 1013, fn. omitted.)

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