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