With exception of section 2 (1) of the Theft Act 1968 (exceptions to dishonesty), whether a person’s conduct or actions are dishonest or otherwise is entirely dependent on what he believed at the time i.e. subjective.
In R v Holden (1991) the appellant worked for Kwikfit. He took some used tyres and was charged with theft and convicted. The appellant argued that he was only doing what other employees did and overlooked the fact that his employment contract expressly forbade him or prohibited him from taking any used items.
The conviction was quashed on appeal and it was decided that what amounts to dishonesty or otherwise is dependent on what the defendant believed at the time he committed the act.
Copyright © 2018 by Dyarne Jessica Ward