§702-226  Liability for conduct of another;
multiple convictions; different degrees.  When, pursuant to any section
from section 702-221 through section 702-223, two or more persons are liable
for an offense which is divided into degrees, each person is guilty of the
degree of the offense which is consistent with the person's own state of mind
and with the person's own accountability for an aggravating fact or
circumstance. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §702-226



 



  This section provides that when, by reason of accountability
for conduct, two or more defendants are liable for the same offense, which is
divided into degrees, each defendant shall be convicted of the degree which is
consistent with the defendant's own state of mind or mental culpability and the
defendant's own accountability for aggravating facts and circumstances.



  This section is a sorely-needed correction of Hawaii law
which has been interpreted to require, in the case of an accomplice, not only
that the defendant stand in the same shoes as the person for whose conduct the
defendant is accountable, but that the defendant be held to think the same
thoughts.[1]



 



__________



§702-226 Commentary:



 



1.  See State v. Shon, 47 Haw. 158, 385 P.2d 830 (1963),
interpreting §252-4 R.L.H. (1955), subsequently H.R.S. §704-4.