- This article is about the legal concept of dishonesty. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Robbery is the Crime of seizing Property through Violence or Intimidation. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise The Theft Act 1978 supplemented the earlier Deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society For its broader ethical meaning and context, see: Honesty. Ethics is a major branch of Philosophy, encompassing right conduct and good life Honesty is the human quality of communicating and acting Truthfully related to Truth as a value
Dishonesty is a word which in common usage may be defined as the act or to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery.
Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in the criminal law. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential
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English law
Dishonesty in law is more complex and has been subject to a number of incomplete and unsatisfactory definitions. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society This is because such are the variety of circumstances in which dishonesty may occur that creating an over-arching definition is virtually impossible.
For many years, there were two views in English law. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. A clear test emerged from R v Ghosh (1982) 75 CR App. R v Ghosh QB 1053 is an English criminal law case dealing with Dishonesty, Deception and Theft. R. 154. The Court of Appeal held that dishonesty is an element of mens rea, clearly referring to a state of mind, and that overall, the test that must be applied is hybrid, but with a subjective bias which "looks into the mind" of the person concerned and establishes what he was thinking. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. The test is two-stage:
- "Were the person's actions honest according to the standards of reasonable and honest people?" If a jury decides that they were, then the defendant's claim to be honest will be credible. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them But, if the court decides that the actions were dishonest, the further question is:
- "Did the person concerned believe that what he did was dishonest at the time?"
The decision of whether a particular action or set of actions is dishonest remains separate from the issue of moral justification. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its For example, when Robin Hood robbed the Sheriff of Nottingham he knew that he was, in effect, stealing from the Crown, was acting dishonestly and would have been properly convicted of robbery. Robin Hood is an archetypal figure in English folklore, whose story originates from medieval times but who remains significant in popular culture where See also The Sheriff of Nottingham in classic stories The Sheriff of Nottingham was historically the office responsible for enforcing law and order in Nottingham Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government Robbery is the Crime of seizing Property through Violence or Intimidation. His argument would have been that he was morally justified in acting in this way but in modern legal terms this could only have been brought to the court by way of mitigation of sentencing and would not have affected the inference of dishonesty. In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function
For a recent discussion of dishonesty, see the House of Lords judgment of Twinsectra Limited v. Yardley and Others [2002] UKHL 12.
Theft Act 1968
The Theft Act 1968 contains a single definition for dishonesty which is intended to apply to all the substantive offences. The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. Yet, rather than defining what dishonesty is, s2 describes what it is not, allowing a jury to take a flexible approach, thus:
1. A person’s appropriation of property belonging to another is not to be regarded as dishonest:
(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
2. A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
- The s2(1)(a) claim of right is a difficult concept in that it represents a statutory exception to the fundamental public policy principle ignorantia juris non excusat and allows a limited mistake of law defence. Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under According to R v Turner (No2) [1971] 2 All ER 441, a case in which a man was charged with the s1 Theft of his own car, the test was one of honest belief in a right, not a mere permission, to act in the particular way. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In this, the test is subjective and a matter of fact for the jury to decide.
- If the owner or some person able to give a valid consent, actually consented to the taking, the property would not belong to another and no actus reus would exist. Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved This provision applies to the situation in which either the consent is void ab initio or is subsequently voided. Ab Initio Software Corporation was founded in the mid 1990's by the former CEO of Thinking Machines Corporation Sheryl Handler, and several other former employees If the existence or effect of the vitiating factor is not recognised by the defendant, then he would not be dishonest. For example, if a contract was affected by a common or mutual mistake. In Contract law a mistake is an erroneous belief at contracting that certain facts are true But if the defendant is initially innocent, he may become dishonest is he later realises the mistake and decides to keep the property (i. e. an omission). In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability Similarly, if has knowingly misrepresented a material fact and this has induced a consent that he knows or ought to know would not have been freely given, he will be dishonest.
- Defendants who are in a fiduciary relationship are expected to make even unreasonable efforts to identify where the relevant property has come from, but the ordinary defendant who finds property apparently abandoned on the street may not be dishonest if there are no serial numbers or marks that would help to identify the owner. fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal Note that to be ababdoned, the owner must have intended to give up all rights in the property and not to pass those rights to another. For example, material discarded in a rubbish bin is not abandoned. The owner intends another to come, empty the bin and dispose of the property without stealing it in the process. Hence, it will be theft to remove any property from a bin or legal disposal site.
- If the defendant knows that the owner will not sell the property, so takes the property in any event but leaves a realistic sum of money by way of payment, this will be a dishonest appropriation.
For the purposes of the deception offences, dishonesty is a separate element to be proved. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The fact that a defendant knowingly deceives the owner into parting with possession of property does not, of itself, prove the dishonesty. This distinguishes between "obtaining by a dishonest deception" and "dishonestly obtains by a deception".
See also
References
- Allen, Michael. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Piracy is Robbery committed at sea or sometimes on shore without a commission from a sovereign Nation (as distinct from Privateering Shoplifting (also known as retail theft, or shrinkage within the retail industry is Theft of goods from a Retail establishment by an ostensible Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-19-927918-7.
- Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
- Griew "Dishonesty: The Objections to Feely and Ghosh" [1985] CLR 341.
- Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
- Guess, William. "All around dishonesty" EURFC Press. The journal of being a good egg. (2006)
- Halpin "The Test for Dishonesty" [1996] Crim LR 283.
- Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN 0-406-97730-5
- Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7
Dictionary
dishonesty
-noun
- (uncountable) The characteristic or condition of being dishonest.
- (countable) An act which is fraudulent or otherwise dishonest.
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