Motive: Does it Matter Why the Victim was Murdered?
“What was the motive?” is asked in virtually all crime shows. There’s a body, the death looks suspicious, and the detectives search for why the person was murdered. But is the prosecution in NSW actually required to prove the accused had a motive to murder the victim? In a word: no.
Under s 18(1)(a) of the Crimes Act 1900 (NSW), a murder has been committed when the accused has caused the death of another person and the act or omission causing death involved:
reckless indifference to human life; or
an intent to kill; or
an intent to inflict grievous bodily harm; or
the commission a crime punishable by imprisonment for 25 years or life imprisonment.
The prosecution is required to prove a certain mental state existed, but this does not necessarily exist to proving a motive. In other words, the court does not need to know why the victim was murdered.
Reckless Indifference
For a homicide to be committed with reckless indifference to human life, the accused needs to have foreseen that it was probable – not just possible – that death would result from their act or omission (Crabbe v R (1985) 156 CLR 464; Royall v R (1991) 172 CLR 378). This is a subjective test, meaning that it is necessary that the accused, and not merely an ordinary or reasonable person, foresaw that death was probable (Pemble v R (1971) 124 CLR 107).
So, while the state of mind of the accused needs to be proven, no motive is needed to establish murder by reckless indifference to human life.
https://www.timebase.com.au/news/2017/AT04143-article.html