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Flashcards in Dishonesty Deck (12)
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1
Q

What are the problems with leaving dishonesty to the jury?

A
  • Ideas of the definition change over time
  • People’s morals are different
  • No clarity and certainty for the V
  • Hard to give advice to jury as meaning is so unclear
  • Religious variations
  • Are ordinary people in fact dishonest, just because they haven’t been caught doesn’t mean they are honest
2
Q

Where is it defined in statute?

A
  • IT ISN’T IT IS COMMON LAW
3
Q

What can be defined in statute?

A
  • What isn’t dishonest
4
Q

What does S2(1) of the Theft act 1968 say?

A
  • If he appropriates the property in the belief that he has in the law right to deprive the other of it on behalf of himself or a third person
  • OR belief that he would have the others consent if they knew of the appropriation and its circumstances
  • OR the knowing that the property belongs to another cannot be found without taking reasonable steps
5
Q

R v Feely 1973

A
  • D was a manager at a book makers who borrowed from the tills after they we’re told to stop the practise
  • Charged with theft
  • TJ did not mentioned dishonesty to the jury
  • COA quashed conviction as the jury should have applied current standards of ordinary decent people
6
Q

Is dishonesty a legal term?

A
  • No
7
Q

Boggelin 1978

A
  • Concerned the use of electricity dishonestly

- The D’s belief as to his honesty is crucial to the decision whether he was in fact honest or not

8
Q

Greenstein 1975

A
  • COA stressed the objectivity needed in dishonesty

- We all have our own notions of what dishonesty is

9
Q

McIvor 1982

A
  • COA struggled as to how jury’s should decide on cases regarding dishonesty
  • Jury should apply their own standards of dishonesty
10
Q

Ghosh 1982

A
  • Set out the test
    1- Was D dishonest according to the ordinary standards of reasonable and honest people?
    2- Did D realise that this was dishonest, by those standards
  • Ghosh appealed saying honesty should be a subjective test
11
Q

Roberts 1987

A
  • Decided that the second part of the Ghosh test should be put to the jury in cases where D argues that he did not think he was dishonest by ordinary standards
12
Q

Small 1988

A
  • Theft of a car after he genuinely thought it was abandoned
  • TJ failed to put second part of the test to the jury and so conviction was quashed