What is the test for an aider and abettor to be found guilty of a crime as a result of their own mental state?
California, United States of America
The following excerpt is from People v. La Riva, G056352 (Cal. App. 2019):
Rather, that guilt is based on a combination of the direct perpetrator's acts and the aider and abettor's own acts and own mental state." (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) Assuming the natural and probable consequences doctrine is inapplicable, an aider and abettor can be guilty of the same crime as the perpetrator, or a greater or lesser crime than the perpetrator, depending on the respective mental states of the various principals. (Id. at pp. 1117-1118.)
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