释义 |
dishonesty n. An element of liability in theft, abstracting electricity, deception, handling stolen goods, and some related offences. To convict of such offences the magistrates or jury must be satisfied (i) that what was done was dishonest by the ordinary standards of honest and reasonable people and (ii) that the defendant realized this at the time (R v Ghosh [1982] QB 1053 (CA)) The so-called second limb of the Ghosh test (the “subjective aspect”: did the accused realize that his act was dishonest by these ordinary standards?) has now had doubt cast upon it by the decision in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, [2018] AC 391. |