The test to determine dishonesty which is a state of mind is both objective and subjective. In R v Ghosh (1982) the defendant was a locum consultant who’d claimed to have done an operation to receive payments from the National Health Service (NHS). He was charged for falsely obtaining monies under s20(2) of the Theft Act (1968) which was subsequently repealed by the provisions of the Fraud Act (2006) and s15(1) of the Theft Act (1968) which was also subsequently repealed by the Fraud Act (2006).
He was tried and convicted and while the provisions mentioned above have been repealed and have been supplanted by provisions of the Fraud Act (2006) it is still worth knowing the test that was applied.
It was decided that the test for dishonesty was both objective and subjective. The jury must first decide if the defendant was dishonest according to the standards of the reasonable man (objective). If the defendant was adjudged dishonest then the jury would go on to decide if the defendant realized he was being dishonest (subjective).
Copyright © 2018 by Dyarne Jessica Ward