The Absence of Motive.
Posted on Saturday, December 01, 2012 by + Hawa +
As we know, in Tom and Jerry, it is Jerry,the one which
always starts a fight with Tom.
What is Jerry actual intention?
What is its motive?
Motive is a state of mind.
Generally, it was defines as "something that prompts a person to act in
certain way or that determines volition" and equates the term with
inducement and incentive. In legal terms., motive is an idea, belief, or emotion that impels a person to act
in accordance with that state of mind. so to relate this definition with the
video shown above, now you shall know the motive of Jerry did such things to
Tom. But, does motive is important in determining the intention of Jerry? If
Jerry does not have a motive, can he being acquitted of such offence for
causing hurt to Jerry?
Motive is also being included as
one of the aspect to prove the evidence in the court to be admissible. However,
the absence of the motive does not mean that the accused is innocent. It
is because motive affects behavior not produce the behavior. Without motives,
the accused can be convicted as long as the facts produce to the court was
relevant and admissible.
The issue was supported by Das
Gupta J in Rajinder Kumar v State of Punjab where he said that " the
motive behind a crime is a relevant fact of which evidence can be given. The
absence of motive is also a circumstance which is relevant for assessing the
evidence. The circumstances which have been mentioned above as proving the
guilt pf the accused are however not weakened at all by the fact that the
motive has not been establish.
Apart from that, this issue has
also being raised in the case PP v Oh Laye Koh where the judge stated that
" The absence of motive, however. need not necessarily mean that no
intention was present. Based on this 2 case, it shows that motive is a
supported element for the prosecution to prosecute the accused and the absence
of it will not give much affects to the case. But in the trial, if the motive
is available, it will helps the prosecution to strenghten his fact and evidence
in order to make it admissible to the court.
In conclusion, although it is being
provided in section 8 of the Evidence Act 1950 which state that any fact is
relevant which shows or constitutes a motive or preparation for any fact in
issue or relevant act however it does not provide the provision stated about
the status of motive in its absence. Motive is not the most important element
but the present of it will support the other facts of the case.
Subscribe to:
Post Comments (Atom)
1 Response to "The Absence of Motive."
-
Nada Says....If motive is proved, the case of prosecution will becomes more easier to connect accused to the alleged incident. Sometimes the motive is clear and can be proved and sometimes the motive is shrouded in the mystery and it is very difficult to locate the same. However, if the evidence of eye witnesses is credit-worthy and is believed by the court which has placed implicit reliance on them, the question whether there is any motive or not becomes wholly irrelevant.
Leave A Reply