Dishonesty in the law of crime Essay Example | Topics and Well Written Essays - 1500 words

Dishonesty in the law of crime - Essay ExampleThis research aims to evaluate and kick in dishonesty in the law of crime. a defendant cornerstone be deemed to have acted dishonestly if he knows that his doing is dishonest from the perspective of ordinary people. The use of this criterion, whereby honesty is determined by the modulars of honest and reasonable people, can be criticised since it can lead to inconsistency given that various juries can reach different conclusivenesss on similar cases. Williams states that given the low levels of self-discipline that is prevailing in the society, he advises that the query of dishonesty should not be left to the jury. Therefore, the ghosh test has its basis on the assumption that there is a single standard of honesty that is universal and members of the society that are thinking right are the ones who hold it. This standard is seen to be so high that it can property a line between what is honest and what is unlawful (dishonest). The sa tisfactory and workable test about dishonesty should specify when conduct is to be viewed as dishonest. Conduct should be viewed as dishonest if the one finding facts decides that reasonable and ordinary people would view the conduct as dishonest. This test is a fully objective assessment of dishonesty that is criminal and it contradicts the ghosh test to some extent, simply it retains a little reference to the ordinary standards of the community. An respective(prenominal) is guilty of theft if he appropriates another persons property dishonestly and intends to keep it away from him or her permanently. (Clarkson 87). It is not material whether this appropriation takes place for the gain of the thief. This act does not give the definition of dishonesty instead, it only gives some specific situations where an individual is considered as not dishonest (Williams and Waller 157). The Ghosh Test of Dishonesty This is the current test for dishonesty, it is a test brought forward-moving by the court of appeal, and is a two-stage objective/substantive test (Molan 17). This test is somewhat good because the decision as to whether the accused is guilty or not is left for the jury. The ghosh test has a number of criticisms because in this world there is no single standard of honesty held by the reasonable people of the society. Justices Toohey and Gaudron alike criticised Ghosh as having practical problems. They also felt that, not all offences involving dishonesty were similar (Haplin 97). Subsequently, there is a need for the judge conducting the trial to stipulate the clear explicit meaning of dishonest to the jury. This is a risible test for dishonest