Dishonesty Flashcards
where is dishonesty found?
S.2 theft act 1968
what is the definition for dishonesty?
Theft act doesn’t define dishonesty
where are the 3 dishonesty exceptions set out in?
S.2(1)(a)-(c)
This is where the defendant would be..?
not dishonest providing it was genuine belief
this can be unreasonable belief as long as its genuine case?
small ;holden
what is S2(1)(a)?
Def honestly believes they have a legal right to the property
what is S2(1)(b)?
Def honestly believes they have the owners consent to the property?
what is S2(1)(c)?
Def honestly believes the owner can’t be discovered by taking reasonable steps?
if jury not satisfied with dishonesty exceptions, what would they be told to apply?
Ivey test set out in (Ivey v getting casinos ltd)
what type of test is Ivey test?
objective test
what is the Ivey test?
is the defendants conduct regarded as being dishonest to the sober reasonable person
