Does the natural and probable consequences doctrine apply to a defendant who intended to aid and abet (the target crime)?

California, United States of America


The following excerpt is from People v. Harville, E072967 (Cal. App. 2020):

intended to aid and abet (the target crime), but also for any other crime [nontarget crime] that is the "natural and probable consequence" of the target crime.' [Citation.] To find an aider and abettor guilty of a nontarget crime under the natural and probable consequences theory, the jury must find that the defendant aided and abetted the target crime, that a coparticipant in the target crime also committed a nontarget crime, and that this nontarget crime was a natural and probable consequence of the target crime the defendant aided and abetted. [Citation.]" (People v. Hardy (2018) 5 Cal.5th 56, 92.)

The natural and probable consequences doctrine did not apply to first degree murder (People v. Chiu (2014) 59 Cal.4th 155, 166-167); an aider and abettor could not be guilty of first degree murder unless he or she personally deliberated, premeditated, and intended to kill. (Id. at p. 166.) However, it did apply to second degree murder. (Id. at pp. 165-166.)

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