California, United States of America
The following excerpt is from People v. Baker, F071120 (Cal. App. 2018):
" '[A] person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime.' [Citation.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 295-296.) "[P]roof of aider and abettor liability requires proof in three distinct areas: (a) the direct perpetrator's actus reusa crime committed by the direct perpetrator, (b) the aider and abettor's mens reaknowledge of the direct perpetrator's unlawful intent and an intent to assist in achieving those unlawful ends, and (c) the aider and abettor's actus reusconduct by the aider and abettor that in fact assists the achievement of the crime." (People v. Perez (2005) 35 Cal.4th 1219, 1225.) " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. . . . [] . . . [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the
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