Note[1]

(Last revised June 2012)

[1]              You have heard counsel speak about motive. We often use the words “motive” and “intent” interchangeably, but in law they do not mean the same thing. In a legal context, when we say that a person did something intentionally, we are conveying that he or she meant to do what he or she did, and that it was not done accidentally. When we speak of motive, however, we are referring to the reason a person did what he or she did.[2]

[2]              A person may do something intentionally whether or not the person had a motive for doing it. For example, a man goes into a department store, tries on a watch, gets distracted and walks out without paying. If he forgot to pay, he did not have the intent to steal. Next, suppose the man knew that the watch was on his wrist, but still walked out without paying. In that case, he did have the intent to steal the watch. If he was rich, had plenty of money in his wallet, and still took the watch, one might conclude he had no motive, or at least that his motive is unknown. However, if the man stole the watch in order to sell it, he had the intent to steal and his motive was financial gain.

[3]              Later, I will explain the essential elements that the Crown must prove for the offence(s) with which (NOA) is charged. Motive is not one of those elements. In deciding whether people are guilty of an offence, what matters is what they did and whether they did it intentionally, and not their reasons for doing it.

[4]              You need not find a motive for (NOA)’s actions in order to find him or her guilty of an offence.

[5]              But motive can be relevant. If a person had a reason for doing a certain thing, then you might conclude that it is more likely that he or she in fact did that thing and did so intentionally. Conversely, if you find that a person had no reason to do a certain thing, that might cause you to doubt whether he or she did that thing or did it intentionally.[3]

[6]              In this case (describe the position of the parties as to motive, or absence of motive). It is for you to decide what weight, if any, you will give to the evidence of motive, or lack of motive, in this case.