dishonesty

Question 1

Theft act 1968 s.1 (2) MENS REA

dishonesty and intention to permanently deprive are MENS REA, the rest are ACTUS REUS, so the conduct

Answer 1

Defendant does not have to gain or benefit for it to be dishonest

(dishonesty or not is the main distinguishing factor on whether someone is convicted of theft or not)

Question 2

Three examples from Theft Act 1968 s2 (1) that states where D is not dishonest

Answer 2

1) The honest belief that D had the right to take the thing
2) have the honest belief that D would’ve had consent (so permission)
3) Taken reasonable steps to discover the owner

Question 3

R v Small

Answer 3

defendant took abandoned car, keys were in car and kept it for two weeks
-He had the honest belief and he couldn’t discovered the owner as it was abandoned

Question 4

R v Robinson

Answer 4

V owed £7 to D, got into fight, and £5 dropped from victim’s pocket which D then took
-honest belief D would’ve had consent

Question 5

R v Holden

Answer 5

D took tyres from work place but they were going to be scrapped anyways
-had right to take the thing

Question 6

Ghosh (been law since 1982)

Answer 6

-D is a doctor, claimed for operation that they didn’t do,D said he was not dishonest as hospital owed him money

WAS BEHAVIOUR DISHONEST
DID THE D KNOW IT AT THE TIME
(what to look for in case studies)

Question 7

Ivey v Genting

Answer 7

Ivey is a professional poker player, goes into casinos, won a lot of money but accused of counting cards, sued Genting but lost

1. what did d know
2. would an ordinary decent person view behaviour as dishonest