What is the test of natural and probable consequences in the law of negligence?

California, United States of America


The following excerpt is from People v. Smith, 57 Cal.App.4th 1470, 67 Cal.Rptr.2d 604 (Cal. App. 1997):

[57 Cal.App.4th 1480] As with the law of negligence, the test of natural and probable consequences is an objective one. (People v. Nguyen (1993) 21 Cal.App.4th 518, 531, 26 Cal.Rptr.2d 323.) "[T]he issue does not turn on the defendant's subjective state of mind, but depends upon whether, under all of the circumstances presented, 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 by the defendant." (Id. at p. 531, 26 Cal.Rptr.2d 323.)

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