Dishonesty

Question 1

What are the problems with leaving dishonesty to the jury?

Answer 1

• Ideas of the definition change over time
• People’s morals are different
• No clarity and certainty for the V
• Hard to give advice to jury as meaning is so unclear
• Religious variations
• Are ordinary people in fact dishonest, just because they haven’t been caught doesn’t mean they are honest

Question 2

Where is it defined in statute?

Answer 2

• IT ISN’T IT IS COMMON LAW

Question 3

What can be defined in statute?

Answer 3

• What isn’t dishonest

Question 4

What does S2(1) of the Theft act 1968 say?

Answer 4

• If he appropriates the property in the belief that he has in the law right to deprive the other of it on behalf of himself or a third person
• OR belief that he would have the others consent if they knew of the appropriation and its circumstances
• OR the knowing that the property belongs to another cannot be found without taking reasonable steps

Question 5

R v Feely 1973

Answer 5

• D was a manager at a book makers who borrowed from the tills after they we’re told to stop the practise
• Charged with theft
• TJ did not mentioned dishonesty to the jury
• COA quashed conviction as the jury should have applied current standards of ordinary decent people

Question 6

Is dishonesty a legal term?

Answer 6

• No

Question 7

Boggelin 1978

Answer 7

• Concerned the use of electricity dishonestly

- The D’s belief as to his honesty is crucial to the decision whether he was in fact honest or not

Question 8

Greenstein 1975

Answer 8

• COA stressed the objectivity needed in dishonesty

- We all have our own notions of what dishonesty is

Question 9

McIvor 1982

Answer 9

• COA struggled as to how jury’s should decide on cases regarding dishonesty
• Jury should apply their own standards of dishonesty

Question 10

Ghosh 1982

Answer 10

• Set out the test
  1- Was D dishonest according to the ordinary standards of reasonable and honest people?
  2- Did D realise that this was dishonest, by those standards
• Ghosh appealed saying honesty should be a subjective test

Question 11

Roberts 1987

Answer 11

• Decided that the second part of the Ghosh test should be put to the jury in cases where D argues that he did not think he was dishonest by ordinary standards

Question 12

Small 1988

Answer 12

• Theft of a car after he genuinely thought it was abandoned
• TJ failed to put second part of the test to the jury and so conviction was quashed