What is the test for an aider and abettor's liability for collateral criminal offenses?

California, United States of America


The following excerpt is from People v. Nguyen, 21 Cal.App.4th 518, 26 Cal.Rptr.2d 323 (Cal. App. 1993):

The test for an aider and abettor's liability for collateral criminal offenses is neither legally abstract nor personally subjective. It is case specific, that is, it depends upon all of the facts and circumstances surrounding the particular defendant's conduct. Within that context it is objective; it 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. (People v. Price, supra, 1 Cal.4th at 443, 3 Cal.Rptr.2d 106, 821 P.2d 610; People v. Woods, supra, 8 Cal.App.4th at p. 1587, 11 Cal.Rptr.2d 231.) The test is not, as defendant asserts, subjective in nature. (Ibid.)

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