Dishonesty s2 Flashcards
Is there any definition of dishonesty in the act
no therefore it must be decided by the courts on a case-case basis§
How is it first decided if someone is dishonest
by establishing if they are not dishonest which is set out in s2.1a s2.1.b s.2.1.c
What does s.2.1.a say
D will not be dishonest if he believes he has a legal right to appropriate the property, such belief does not have to be erasable as long as D believed he had the legal right
What does section s.2.1.b say
D will not be dishonest if he believes he has the owners consent to appropriate the property. The belief may be unreasonable
What does s.2.1.c say
Relates to finding property- D should try to find the owner by taking all reasonable steps. If d comes to the conclusion that it would not be possible to find the owner by taking reasonable steps then it would not be dishonest
Which case showed that D must have an honest belief that the owner can not be found
R V Small
convicted of theft of a car, claimed it had been bonded because it had not been moved and the doors were unlocked with the keys in the engine. He had an honest belief that the owner could not be traced
which case confirmed that the belief does not have to be reasonable
R V holden
Can you be dishonest if you take property but are willing to pay for it
Yes e.g. taking milk bottles
Which test has been further used to establish dishonesty
The Ghosh test
What is the first element of the Ghosh test
whether D has been dishonest by the standards of the reasonable honest person- if answer no then no dishonesty
What is the second element of the Ghosh test
If yes to the first question then- Did D realise that he had been dishonest by the standards of the reasonable honest man?
When is the Ghosh test applied
When the judge believes there has been a question over dishonesty
