State the third situation in section 2(1) that is not dishonest.

A defendant is not dishonest who believes the owner cannot be discovered by taking reasonable steps. Finding money in the street may fall within this provision.

Does a willingness to pay prevent a finding of dishonesty?

Section 2(2) provides that an appropriation may be dishonest even where the defendant is willing to pay. Taking goods and leaving the money behind can still be theft.

Which case set out the two-stage test of dishonesty applied until 2017?

R v Ghosh [1982] asked first whether the conduct was dishonest by the standards of ordinary decent people. The second stage asked whether the defendant realised ordinary people would regard it as dishonest.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

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Criminal Law: Property Offences

Theft: dishonesty

3 things to know
Components 2 and 3

Overview

The three situations in section 2(1) that are not dishonest, the irrelevance of a willingness to pay, and the objective test the Supreme Court settled in Ivey v Genting Casinos in place of Ghosh.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Is dishonesty defined in the Theft Act 1968?

Key term

State the first situation in section 2(1) that is not dishonest.

Key term

State the second situation in section 2(1) that is not dishonest.

Questions from this subtopic

Each one with the model answer underneath.

1
Is dishonesty defined in the Theft Act 1968?
Model answer
The Theft Act 1968 gives no positive definition of dishonesty. Section 2(1) instead lists three situations that are not dishonest.
2
State the first situation in section 2(1) that is not dishonest.
Model answer
A defendant is not dishonest who appropriates in the belief of a legal right to deprive the other of the property. The belief need not be reasonable, only genuine.
3
State the second situation in section 2(1) that is not dishonest.
Model answer
A defendant is not dishonest who believes the owner would consent if the owner knew of the appropriation and the circumstances. Borrowing from a friend who would not mind is the everyday example.
4
State the third situation in section 2(1) that is not dishonest.
Model answer
A defendant is not dishonest who believes the owner cannot be discovered by taking reasonable steps. Finding money in the street may fall within this provision.
5
Does a willingness to pay prevent a finding of dishonesty?
Model answer
Section 2(2) provides that an appropriation may be dishonest even where the defendant is willing to pay. Taking goods and leaving the money behind can still be theft.
6
Which case set out the two-stage test of dishonesty applied until 2017?
Model answer
R v Ghosh [1982] asked first whether the conduct was dishonest by the standards of ordinary decent people. The second stage asked whether the defendant realised ordinary people would regard it as dishonest.

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