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Dishonesty in the law of crime - Essay Example

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The paper views the ghosh test in scrutiny and tries to see its relation to theft and to analyze how the law views dishonesty. Dishonesty is among the several components that bring about the offence of theft. It is also a basic element in other crimes involving property such as burglary and robbery…
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Dishonesty in the law of crime
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Download file to see previous pages This research aims to evaluate and present dishonesty in the law of crime. a defendant can be deemed to have acted dishonestly if he knows that his doing is dishonest from the perspective of ordinary people. The use of this criterion, whereby honesty is determined by the standards of honest and reasonable people, can be criticised since it can lead to inconsistency given that various juries can reach different decisions on similar cases. Williams states that given the low levels of self-discipline that is prevailing in the society, he advises that the query of dishonesty should not be left to the jury. Therefore, the ghosh test has its basis on the assumption that there is a single standard of honesty that is universal and members of the society that are thinking right are the ones who hold it. This standard is seen to be so high that it can place a line between what is honest and what is unlawful (dishonest). The satisfactory and workable test about dishonesty should specify when conduct is to be viewed as dishonest. Conduct should be viewed as dishonest if the one finding facts decides that reasonable and ordinary people would view the conduct as dishonest. This test is a fully objective assessment of dishonesty that is criminal and it contradicts the ghosh test to some extent, but it retains a little reference to the ordinary standards of the community. An individual is guilty of theft if he appropriates another person’s property dishonestly and intends to keep it away from him or her permanently. (Clarkson 87). It is not material whether this appropriation takes place for the gain of the thief. This act does not give the definition of dishonesty; instead, it only gives some specific situations where an individual is considered as not dishonest (Williams and Waller 157). The Ghosh Test of Dishonesty This is the current test for dishonesty, it is a test brought forward by the court of appeal, and is a two-stage objective/substantive test (Molan 17). This test is somewhat good because the decision as to whether the accused is guilty or not is left for the jury. The ghosh test has a number of criticisms because in this world there is no single standard of honesty held by the reasonable people of the society. Justices Toohey and Gaudron also criticised Ghosh as having practical problems. They also felt that, not all offences involving dishonesty were similar (Haplin 97). Subsequently, there is a need for the judge conducting the trial to stipulate the clear explicit meaning of dishonest to the jury. This is a peculiar test for dishonest ...Download file to see next pagesRead More
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