What is the test for establishing that a defendant's intent to assist and abetted the perpetrator was formed prior to or during the crime?
California, United States of America
The following excerpt is from People v. McDonald, 189 Cal.Rptr.3d 367, 238 Cal.App.4th 16 (Cal. App. 2015):
35 It is settled that if a defendant's liability for an offense is predicated upon the theory that he or she aided and abetted the perpetrator, the defendant's intent to encourage or facilitate the actions of the perpetrator must be formed prior to or during commission of that offense. [Citations.] (People v. Montoya (1994) 7 Cal.4th 1027, 1039, 31 Cal.Rptr.2d 128, 874 P.2d 903.) Defendant's jury was so instructed.
35 It is settled that if a defendant's liability for an offense is predicated upon the theory that he or she aided and abetted the perpetrator, the defendant's intent to encourage or facilitate the actions of the perpetrator must be formed prior to or during commission of that offense. [Citations.] (People v. Montoya (1994) 7 Cal.4th 1027, 1039, 31 Cal.Rptr.2d 128, 874 P.2d 903.) Defendant's jury was so instructed.
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