What is the test for foreseeability under the doctrine of reasonable foreseeability?

California, United States of America


The following excerpt is from People v. Griffin, E062831 (Cal. App. 2016):

"A consequence that is reasonably foreseeable is a natural and probable consequence under this doctrine. 'A nontarget offense is a "'natural and probable consequence'" of the target offense if, judged objectively, the additional offense was reasonably foreseeable. [Citation.] The inquiry does not depend on whether the aider and abettor actually foresaw the nontarget offense. [Citation.] Rather, liability "'is measured by whether a reasonable person in the [person]'s position would have or should have known that the charged offense was a reasonably foreseeable consequence of the act aided and abetted.'" [Citation.] Reasonable foreseeability "is a factual issue to be

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resolved by the jury." [Citation.]' [Citation.]" (People v. Smith (2014) 60 Cal.4th 603, 611, italics omitted.)

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