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Discuss dishonesty.

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Introduction

Dishonesty Dishonesty is an element of liability in theft obstructing electricity, deception, handling stolen goods and some related offences. To convict of such offences the magistrates or jury must be satisfied that what was done was dishonest by the standards of ordinary decent people and that the defendant had realised that at the time. The 1968 Act only provides a partial definition of dishonesty, leaving some discretion to the courts. Unusually, the statutory definition, contained in section 2(1), makes use of examples, stating three situations in which a defendant should not be deemed dishonest: * If he appropriates 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 * If he appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and circumstances of it; or * (except where the property come to him as trustee or personal representative) ...read more.

Middle

Deception Property; obtaining property belonging to another Section 34 (1) provides that section 4 (1) applies to other offences in the Theft Act 1968 (including, therefore section 15) as it applies to theft. Thus, property includes, for example, intangible property, (including for problems over whether the property obtained is the same as the property which belonged to the victim. However, the remaining sub-section of section 4 apply only to the offences of theft. Thus, land (wild animals and mushrooms, etc, which belong to someone else, are capable of being obtained by deception. Deception Within in the Theft Act 1968, a person who uses deception in order to obtain property to which he believes himself entitled will not be guilty. As one may be aware deception may be dishonest within the above statement. Examples include a false representation by words or conduct of a matter of fact, including the existence of an intention or law that is made deliberately or recklessly to another person. ...read more.

Conclusion

by deception cannot be convicted of theft in relation to it because the property cannot be stolen; land and things forming part of it may be obtained by deception but they cannot generally be stolen. Apart from this exceptional type of case a person who dishonestly obtains by deception property belonging to another with intent permanently to deprive the other of it commits theft and obtaining property by deception. This is the effect of the decision of the majority of the House of Lords in Gamez. This is a result which was not intended in the Criminal Law Revision Committees in its Eighth Report. It is submitted that, where the government of a case is that the accused has dishonestly obtained property be deception, the offences under Section 15 of the 1968 Act is generally more appropriate ( and certainly easier for a jury to understand if the case is tried in the Crown Court); the greater maximum punishments under Section 15 (ten years imprisonment, as opposed to seven for theft) should not be forgotten. ...read more.

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