The new test for dishonesty in criminal law – lessons from the courts of equity?

Leggett, Zach (2019) The new test for dishonesty in criminal law – lessons from the courts of equity? Journal of Criminal Law. ISSN 0022-0183

[img]
Preview
PDF
The new test for dishonesty in criminal law – lessons from the courts of equity.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

Download (457kB) | Preview

Search Google Scholar

Abstract

The Supreme Court decision in Ivey v Genting Casinos rejected the two stage test for dishonesty set out in R v Ghosh and replaced it with a single, objective test which transcends both criminal and civil law. This article asks whether it was correct to create a single test for dishonesty and in doing so, what role will subjectivity now play in the criminal law’s application of what is considered dishonest behaviour. Historically, the civil courts have beset with confusion as to the role of subjectivity in the test for dishonesty in light of Royal Brunei Airlines v Tan. The author will consider whether lessons can be learned from the civil courts and whether similar problems will trouble criminal law, particularly in light of criticism of the Ivey test and a preference, by some, for subjectivity to play a greater role in criminal liability for theft and other dishonesty offences.

Item Type: Article
Subjects: Law > Criminal Law
Law > Law
Law
Divisions: Faculty of Business, Law and Tourism > School of Law
Related URLs:
Depositing User: Zach Leggett
Date Deposited: 07 Aug 2019 08:57
Last Modified: 30 Sep 2020 11:18
URI: http://sure.sunderland.ac.uk/id/eprint/10999
ORCID for Zach Leggett: ORCID iD orcid.org/0000-0001-9355-240X

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year