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Dishonesty is a term which in common usage may be defined as the act of being dishonest; 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. Image File history File links SmallLadyJustice. ...
English law is the law of England and Wales, rather than Scotland and Northern Ireland. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ...
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 is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
In the criminal law, corporate liability is an aspect of criminal vicarious liability and determines the extent to which a corporation as a fictitious person can be convicted of offences committed by the natural persons it employs. ...
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 the criminal law, an omission or failure to act will only constitute an actus reus (Latin for guilty act) and give rise to liability when the law imposes a duty to act and the defendant is in breach of that duty. ...
Concurrence or Simultaneity is a legal term, from Western jurisprudence, referring to the simultaneous occurrence of actus reus (bad action) and mens rea (bad mind), which must be present for a crime to have occurred; except in crimes of strict liability. ...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law is no excuse) is a legal doctrine holding that a person who is unaware of a law may not escape punishment for violating the law merely because they were unaware of the law; that is...
An inchoate offense is a crime. ...
Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ...
In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
Assault Causing Actual Bodily Harm (ABH) Assault causing actual bodily harm (ABH) is an offence under Section 47 of the Offences Against the Person Act 1847. ...
Grievous bodily harm or GBH is a type of assault resulting in, for example, broken bones or cuts to the skin. ...
This page is a candidate to be copied to Wikisource. ...
Corporate manslaughter is a term in English law for an act of homicide committed by a company. ...
Harassment refers to a wide spectrum of offensive behavior. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
The Theft Act 1968 (1968 c. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared Theft (also known as stealing) is in general, the wrongful taking of someone elses property without that persons willful consent. ...
TWOC is an acronym standing for Taken Without Owners Consent. ...
For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
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 monetary demand is met. ...
A cars handling is a description of the way the car performs, particularly during cornering. ...
The Theft Act 1978 supplemented to earlier Theft Act 1968. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is a crime in which a computer plays an essential part. ...
Bribery is a crime defined by Blacks Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions as an official or other person in discharge of a public or legal duty. ...
Perjury is lying or making verifiably false statements under oath in a court of law. ...
Obstruction of justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
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 an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (eg. ...
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. Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ...
English law Dishonesty in law is more complex and has been subject to a number of incomplete and unsatisfactory definitions. This is because such are the variety of circumstances in which dishonesty may occur that creating an over-arching definition is virtually impossible. Wikimedia Commons has media related to: Law Law topics overview List of areas of law List of legal topics List of legal terms List of jurists List of legal abbreviations List of case law lists List of law firms Further reading Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence, Karl...
For many years, there were two views in English law. 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. A clear test emerged from R v Ghosh (1982) 75 CR App. 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 test is two-stage: English law is the law of England and Wales, rather than Scotland and Northern Ireland. ...
The Theft Act 1968 (1968 c. ...
Court of Appeals is the title of certain appellate courts in various jurisdictions. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
- "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. 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. 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. 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. This article may be confusing for some readers, and should be edited to enhance clarity. ...
A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
Robin Hood is the archetypal English folk hero, an outlaw who, in modern versions of the legend, stole from the rich to give to the poor. ...
The Sheriff of Nottingham was historically the office responsible for law and order in Nottinghamshire, directly appointed by the Lord Mayor of Nottingham. ...
The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ...
In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...
Theft Act 1968 The Theft Act 1968 contains a single definition for dishonesty which is intended to apply to all the substantive offences. Yet, rather than defining what dishonesty is, s2 describes what it is not, allowing a jury to take a flexible approach, thus: The Theft Act 1968 (1968 c. ...
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 (the Latin for "ignorance of the law does not excuse") and allows a limited mistake of law defence. 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 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. This provision applies to the situation in which either the consent is void ab initio or is subsequently voided. 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. 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). 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. 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. 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". Public policy or ordre public 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 is no excuse) is a legal doctrine holding that a person who is unaware of a law may not escape punishment for violating the law merely because they were unaware of the law; that is...
Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ...
Mistake of law is a defense sometimes raised in criminal cases, although rarely with any success. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared Theft (also known as stealing) is in general, the wrongful taking of someone elses property without that persons willful consent. ...
Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...
Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
The Latin term ab initio means from the beginning and is used in several contexts: when describing literature: told from the beginning as opposed to in medias res (meaning starting in the middle of the story). ...
In contract law a mistake is incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. ...
In the criminal law, an omission or failure to act will only constitute an actus reus (Latin for guilty act) and give rise to liability when the law imposes a duty to act and the defendant is in breach of that duty. ...
In many common law jurisdictions, fiduciary is a legal term used to describe a relationship between a person who occupies a particular position of trust, power or responsibility with respect to the rights, property or interests of another. ...
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. ...
See also Academic dishonesty is a form of cheating that occurs within an educational setting. ...
English law is the law of England and Wales, rather than Scotland and Northern Ireland. ...
Plagiarism is a form of academic malpractice. ...
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owners exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. ...
Shoplifting (also known as retail theft) is theft of merchandise for sale in a shop, store, or other retail establishment, usually by a would-be patron or customer. ...
In sales, shrinkage (also commonly referred to as shrink) is the loss rate of products between point of manufacture and point of sale. ...
References - Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN: 0199279187.
- 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: 0421199601
- Halpin "The Test for Dishonesty" [1996] Crim LR 283.
- Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN: 0406977305
- Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN: 0406895457
External links The full judgement in the case of Regina -v- Ghosh (1982)
Aspects of Academic Dishonesty
Dishonesty Bible Verses referring to dishonesty.
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