Search results
When directing the jury at first instance, the trial judge directed that dishonesty must be determined by applying the standards of ordinary decent people, i.e. following the approach directed in Ivey.
May 18, 2020 · If by ordinary standards a defendant’s mental state would be characterised as dishonest [by ordinary, decent people] it is irrelevant that the defendant judges by different standards…”
Jul 29, 2021 · Was the defendant’s conduct dishonest by the standards of ordinary decent people? This was a departure from the test established by the Court of Appeal in R v Ghosh [1982] EWCA Crim 2 which was as follows:
May 1, 2020 · The Court of Appeal therefore confirmed that the Ivey test for “dishonesty” should apply in criminal law and summarised it as: “ (a) what was the defendant’s actual state of knowledge or belief as to the facts; and (b) was his conduct dishonest by the standards of ordinary decent people? ”.
May 27, 2020 · In disapproving Ghosh, the Supreme Court in Ivey said the correct test was (a) what was the defendant’s actual state of knowledge or belief as to the facts; and (b) was his conduct dishonest by the standards of ordinary decent people?
On 29 April 2020, the Court of Appeal released its decision in R v Booth & Ors,1 which clarifies the law on dishonesty. Some of you may be asking yourselves how it came to be that the test for dishonesty, a fundamental ingredient in many criminal and civil cases, needed clarifying.
People also ask
Why is dishonesty a fundamental ingredient in criminal and civil cases?
How will a personal perception of dishonesty affect a criminal case?
What is a common law aggravating feature?
Is conspiracy to defraud a common law offence?
Dec 14, 2017 · The Supreme Court has held that the test for dishonesty should be assessed only by reference to whether or not the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people.
