Dishonestly Flashcards

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1
Q

Is dishonesty defined?

A

-No, up to the jury.

-Three exceptions to be deemed not dishonest.

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2
Q

What are the dishonesty expetions?

A

S2 (1) a, b and c.

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3
Q

What is 2 (1) (a)?

A

Right in law.

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4
Q

What is 2 (1) (b)?

A

Consent.

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5
Q

What is 2 (1) (c)?

A

Reasonable steps.

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6
Q

What is S2 (1) (2)

A

-Dishonest even if willing to pay,

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7
Q

What is the test for dishonesty?

A

The Ivey V Genting Casinos test (replaced the gosh test).

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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.

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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.

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10
Q

R V Feely?

A

-Took £30 from till and intended to pay it back.

-Conviction quashed- should always go to the jury.

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