Theft-dishonesty

Question 1

What is the Ghosh test?

Answer 1

1) Was the D dishonest according to the reasonable and honest person in the street? If yes…
2) Did the D realise a RP would think it dishonest?

Question 2

What examples does the statute give as what may be dishonest?

Answer 2

A) where appropriation is not made with a view to gain or for the accused’s own benefit. S1(2)
B) there can still be dishonest appropriation of the third intends to leave money in the place of the goods or to pay for it.

Question 3

S2(1)a…

Answer 3

Honest belief in legal right.
Robinson- during a struggle the V dropped a £5 note that the D thought he was owed so he picked it up. Conviction for robbery was quashed navies of honest belief.
The belief need not be reasonable:
Holden- D took tyres from his employer because he said he had seen others doing it. Not guilty of theft even though this was unreasonable.

Question 4

Is dishonest defined?

Answer 4

There is no full definition of dishonesty so we must rely on case law.

Question 5

S2(1)b…

Answer 5

Honest belief in consent

Question 6

S2(1)c…

Answer 6

Honest belief the owner cannot be found when reasonable steps are taken.
Adrian Small- D claimed the the owner of a car that had been abandoned with the keys in it for a week could not be found. Held not guilty even though he ran off when stopped by the police.