Motive is a reason for someone to do something, or, not to have done something. The Crown is not required to prove motive. Motive is not an essential element of any offence. Motive, however, may, and often is, a relevant consideration in determining guilt or innocence. Motive evidence is a form of circumstantial evidence frequently offered and admitted in criminal cases. Circumstantial evidence is evidence providing only a basis for an inference about a fact in dispute.
Evidence of motive is relevant and admissible particularly in cases where the evidence raises issues of identity and intention. The motive for an accused to have committed an alleged offence may support both the identity of the person responsible and the reason(s) why he committed the offence. Evidence of motive is of particular importance in cases heavily dependent upon circumstantial evidence.
Conversely, the absence of motive is often an important factor supportive of innocence. Consequently, although motive is not an essential element of criminal responsibility, it may be very relevant to proof of criminal responsibility, making it more likely that the accused is the person with a motive to have committed the offence. The absence of a motive to commit the offence may support a finding of not guilty.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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