How is Motive used in Qld Criminal Law?
Introduction
For someone charged with a serious criminal offence, understanding how motive may or may not affect the case is important when preparing a defence strategy. Motive is not usually usually relevant or required for the prosecution to prove but may still arise in cases of serious offences such as murder or arson.
What is motive?
The courts have described motive as “the reason that nudges the will and prods the mind to indulge the criminal intent.” Put simply, motive is the reason behind an act, whereas intent is the decision to do the act itself.
Motive is different from intent. For example, a person may intentionally strike another without the prosecution needing to prove why they did it.
Is motive necessary to prove an offence?
No. In Queensland, the prosecution usually does not need to prove motive. Section 23(3) of the Criminal Code 1899 (Qld) states that unless specifically declared otherwise, motive is immaterial to criminal responsibility.
This means that in cases such as:
Murder – the prosecution does not need to prove why the act was committed.
Assault – the police do not need to prove a reason for the attack.
The law focuses on proving what happened and whether it was intentional or unlawful, not why it happened.
When can motive become relevant?
Motive can become important in a circumstantial case. A circumstantial case is where the prosecution relies on a series of facts to argue that guilt can be inferred. In these situations, motive may be one of the pieces of evidence relied upon.
Examples of motive in circumstantial cases
Arson – an insurance policy taken out shortly before a suspicious fire.
Fraud – financial stress used to suggest a reason to obtain money dishonestly.
Homicide – allegations of jealousy, revenge, or a relationship breakdown.
Retaliation – a past dispute raised as a possible reason for an assault, such as a drug debt.
The High Court in De Gruchy v The Queen (2002) 211 CLR 85 recognised that motive, if proven, may be a fact from which a jury can infer intention. Equally, a lack of proven motive may be relevant to whether the prosecution has made out its case.
Why motive is not enough on its own
Even if a prosecutor suggests motive, it is not enough to prove guilt on its own. Juries are regularly directed that motive alone cannot establish criminal responsibility.
As noted in R v Gaskell [2016] QCA 302, directions about motive will depend on the particular facts of the case. Where motive is suggested, juries are reminded that even strong evidence of motive is not proof of guilt without supporting evidence.
Equally, the absence of motive does not mean there is no case. A person can still be found guilty based on other evidence.
Key takeaways about motive in Queensland criminal law
Motive is generally not required to be proven in Queensland criminal cases.
It may arise in circumstantial cases, but only as one factor.
Motive cannot by itself prove guilt.
Lack of motive does not automatically mean there is no case.
Urgent steps
If you are facing charges for a serious criminal offence in Queensland, it is critical to get advice early. At Ashworth Lawyers, defending complex cases in the District and Supreme Courts is all we do.
Call (07) 3012 6531 or complete our Quick Enquiry form to request a confidential callback. Same-day appointments with a senior Brisbane criminal lawyer are available.