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03 February 2021 / Alec Samuels
Issue: 7919 / Categories: Features , Procedure & practice , Criminal
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Matters of dishonesty

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Alec Samuels explores a basic concept of criminal law
  • Explores what is meant by dishonesty in the context of criminal law.

Dishonesty is a fundamental concept in the criminal law. A substantial part of the criminal law of property is based in theft and aggravated theft, namely dishonesty. In many cases the basic issue for the jury is: has the prosecution proved D to be dishonest? So, it could hardly be more important that the legal concept is clear beyond any doubt. The law is to be found in the judgment of Lord Hughes in Ivey v Genting Casinos [2017] UKSC 67, recently applied in Group Seven v Nasir [2019] EWCA Civ 614, [2019] 3 WLR 1011, paras [25]-[58], and now R v Barton [2020] EWCA Crim 575.

Objectivity & subjectivity

Honesty is an objective standard, the standard of society, the standard expected of all of us, not any old subjective standard or lack of standard applied by D. Honesty is what most ordinary decent people in society take

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