University of Gadjah Mada Dishonesty Discussion
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Get it written →When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively) the actual state of the individual’s knowledge or belief as to the facts… [Second] the question whether his conduct was honest or dishonest is to be determined by the fact-finder by applying the (objective) standards of ordinary decent people. There is no requirement that the defendant must appreciate that what he has done is, by those standards, dishonest.’ (Lord Hughes of Ombersley, Ivey v Genting (2017)) What function does dishonesty perform in the property offences and is the best test for dishonesty a purely objective test?
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