What is the test for determining whether a person who aids, promotes, encourages or instigates the commission of a crime (i.e. aider and abettor)?
California, United States of America
The following excerpt is from People v. Diego, B297572 (Cal. App. 2020):
perpetrator, (ii) and with the intent or purpose of committing, facilitating or encouraging commission of the crime, (iii) by act or advice, aids, promotes, encourages or instigates the commission of the crime.'" (People v. Delgado (2013) 56 Cal.4th 480, 486.) "[I]f a person in fact aids, promotes, encourages or instigates commission of a crime, the requisite intent to render such aid must be formed prior to or during 'commission' of that offense." (People v. Cooper (1991) 53 Cal.3d 1158, 1164.) "For purposes of determining aider and abettor liability, the commission of a robbery continues until all acts constituting the offense have ceased." (Ibid.)
d. Substantial evidence review
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