What is the test for liability under the natural and probable consequences doctrine?

California, United States of America


The following excerpt is from The People v. Bachicha, B215687, No. KA082558 (Cal. App. 2010):

"'"[A] person who knowingly aids and abets criminal conduct is guilty of not only the intended crime [target offense] but also of any other crime the perpetrator actually commits [nontarget offense] that is a natural and probable consequence of the intended crime. The... question is not whether the aider and abettor actually foresaw the additional crime, but whether, judged objectively, it was reasonably foreseeable. [Citation.]" [Citation.] Liability under the natural and probable consequences doctrine "is measured by whether a reasonable person in the defendant's position would have or should have known that the charged offense was a reasonably foreseeable consequence of the act aided and abetted." [Citation.] []... A reasonably foreseeable consequence is to be evaluated under all the factual circumstances of the individual case [citation] and is a factual issue to be resolved by the jury.' [Citation.]" (People v. Ayala (2010) 181 Cal.App.4th 1440, 1449.)

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What is the test for liability under the natural and probable consequences doctrine? (California, United States of America)
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