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General Principles

There is 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. Absence of proven motive does not constitute evidence of proven absence of motive: R v Hassanzada, 2016 ONCA 284 at para 109

There is a common sense inference that a sane and sober person intends the natural and probable consequences of his or her actions.When evidence points in a different direction (for example, evidence of intoxication or mental illness), the jury should be instructed to consider this evidence, along with all other evidence, in deciding whether to draw the common sense inference: R v Spence, 2017 ONCA 619 at para 45

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