Top Five 2005: R v Hamilton

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

R v Hamilton, [2005] 2 SCR 432, 2005 SCC 47

The accused was charged and initially acquitted of counselling the commission of indictable offences that were not in fact committed.  In order to make some money, the accused sent e-mails to more than 300 people offering the sale of a credit card number generator and files that included instructions to make bombs.  The Supreme Court of Canada discussed the differences between intent and motive to commit a crime, and ordered that the accused stand a new trial.  The Court wrote that while his motivation was monetary, motive to commit a crime is not a necessary part of the offence in question. The full decision is available here.