Difference Between Motive And Motive

Differences

‘Intention’ is different from ‘motive’. Motive is something which prompts a person to form an opinion or intention to do certain illegal acts or even a legal act by illegal means with a view to achieve intention. Sometimes, motive plays an important role and becomes a compelling force to commit a crime and, therefore, motive behind the crime is a relevant factor for which evidence may be adduced . In criminal law, motive may be defined as that which leads or tempts the mind to indulge in a criminal act or as the moving power which impels to action for a definite result . However, motive by itself may not be proof of an offence . Failure to bring on record any evidence regarding motive does not, however, weaken a prosecution case,

For instance Intent is the Immediate Object, Motive is the ulterior object & the Knowledge is awareness on the part of the person concerned indicating his state of mind. Herein the person who is doing the act knows what he wants to achieve through his Motive, as it is the Ultimate object he wants to achieve then it is the intention, the act that portrays through what mode he is going to achieve his desired actions. And lastly there comes knowledge, which states reason to believe or the information which is very well known to the man himself.

Leading case law being R v. Church:

Sylvia Notts mocked the appellant's ability to satisfy her sexually and slapped his face. A fight developed during which the appellant knocked her unconscious. He tried to wake her for 30 mins to no avail. He believed she was dead and threw her body into a river. Medical evidence revealed that the cause of death was drowning and she therefore had been alive when he threw her into the river. The trial judge made several errors in his direction to the jury and in the event they convicted of manslaughter rather than murder. The appellant appealed on the grounds of misdirection.

Also intent is enough to convict an accused member while motive isn’t. Motive simply substantiates claims. However, it should be noted that there are times when the intent may exist but the actual cause of the crime is different thus showing that intent is not the whole story. This is the ‘but for’ scenario. All in all, motive provides an insight into actions while intent is the action before and alongside criminal activity. These definitions are guides during court proceedings and for the basis upon which judge differentiate between these two