How have the authorities treated the absence of evidence of proof of motive in a criminal case?
Ontario, Canada
The following excerpt is from R. v. Hassanzada, 2016 ONCA 284 (CanLII):
Fourth, the authorities have drawn a distinction between absence of evidence of proof of motive, on the one hand, and evidence of a proven absence of motive, on the other: Lewis v. The Queen, 1979 CanLII 19 (SCC), [1979] 2 S.C.R. 821, at p. 835. Absence of proven motive does not constitute evidence of proven absence of motive, an important fact in favor of an accused: Lewis, at p. 835.
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