Dishonestly Flashcards
1
Q
Is dishonesty defined?
A
- No, up to the jury.
- Three exceptions to be deemed not dishonest.
2
Q
What are the dishonesty expetions?
A
S2 (1) a, b and c.
3
Q
What is 2 (1) (a)?
A
Right in law.
4
Q
What is 2 (1) (b)?
A
Consent.
5
Q
What is 2 (1) (c)?
A
Reasonable steps.
6
Q
What is S2 (1) (2)
A
-Dishonest even if willing to pay,
7
Q
What is the test for dishonesty?
A
The Ivey V Genting Casinos test (replaced the gosh test).
8
Q
What is the Ivey V Genting casinos test?
A
1-Would a reasonable person deem them dishonest.
2-Does the D know they are dishonest by these standards.
9
Q
What is the robin hood defence for dishonesty?
A
-If they are technically guilty of theft but acted on moral principles or out of necessity, they may still be found not guilty.
10
Q
R V Feely?
A
- Took £30 from till and intended to pay it back.
- Conviction quashed- should always go to the jury.
