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''R v Ghosh'' EWCA Crim 2
is an 982
EWCA Crim 2
is an dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception">English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968">theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for so ...

,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in '' Ivey v Genting Casinos'' [2017
UKSC 67

Facts

Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the

National Health Service The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...

. The jury found him guilty. He appealed on the basis that the trial judge had told the jury to use their common sense to determine whether the accused's conduct had been dishonest or not. His defence team argued that the judge should have instructed the jury that dishonesty was about the accused’s state of mind (a subjective test) rather than the jury’s point of view (an objective test).

Judgment

The Court of Appeal found that the conviction was proper so dismissed the doctor's appeal as the original direction did not lead to an unsafe or unsound conviction. The Court began by stating (its most senior member, the Chief Justice) "The law, on this branch of the Theft Act 1968 is in a complicated state and we embark upon an examination of the authorities with great diffidence." This court reformulated the test for dishonesty. It held that, Hence the test for dishonesty was

subjective Subjective may refer to: * Subjectivity, a subject's personal perspective, feelings, beliefs, desires or discovery, as opposed to those made from an independent, objective, point of view ** Subjective experience, the subjective quality of conscio ...

and

objective Objective may refer to: * Objective (optics), an element in a camera or microscope * ''The Objective'', a 2008 science fiction horror film * Objective pronoun, a personal pronoun that is used as a grammatical object * Objective Productions, a Brit ...

. As a result, the Ghosh'' test', which the jury was required to consider before reaching a verdict on dishonesty: #Was the act one that an ordinary decent person (normally considered to be the ubiquitous '

man on the Clapham omnibus The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for neg ...

') would consider to be dishonest (the objective test)? If so: #Must the accused have realised that what he was doing was, by those standards, dishonest (the subjective test)? [This part of the test was overruled by the

in the case of ''Ivey v Genting Casinos'' (UK) Ltd t/a Crockfords [2017
UKSC 67
Note that it was not essential for a person to admit that they acted in a way that they knew to be dishonest; it was probably enough that they knew others would think their behaviour was dishonest, or that they thought that what they were doing was wrong.

''Ivey v Genting Casinos''

''Ivey v Genting Casinos (UK) Ltd t/a Crockfords'' was a Supreme Court case decided in late 2017 which expressed the view in ''obiter dictum'' that ''Ghosh'' did not correctly represent the law, that the objective test was preferred and that the test of dishonesty is as set out by Lord Nicholls in '' Royal Brunei Airlines Sdn Bhd v Tan'' 995UKPC 4 and by Lord Hoffmann in '' Barlow Clowes International Ltd v Eurotrust International Ltd''

005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of ...

UKPC 37. When dishonesty was in question, the fact-finding tribunal must first ascertain the actual state of the individual's knowledge or belief as to the facts. The question whether the conduct was honest or dishonest was then to be determined by applying the objective standards of ordinary decent people. The Supreme Court noted particularly that though their case concerned a cheating gambler (as they found Ivey to be) suing the casino in a civil case, there was no good reason for distinguishing civil from criminal dishonesty,paragraph 63 of the judgement and that accordingly the criminal law was incorrectly understood as set out in ''Ghosh''.

Notes and references

;Notes ;References

External links

Full text of Ghosh judgment from Bailii
The Ghosh'' test' of dishonesty {{DEFAULTSORT:Ghosh English criminal case law 1982 in England 1982 in case law 1982 in British law

Facts

Judgment

''Ivey v Genting Casinos''

See also

Notes and references

External links