In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)
Answer
he asserts or genuinely believes that he is morally justified in acting as he did
Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)
Answer
?
Tags
#crime #law #theft
Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)
Answer
he asserts or genuinely believes that he is morally justified in acting as he did
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Parent (intermediate) annotation
Open it standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if <span>he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<span><body><html>
Original toplevel document (pdf)
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Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
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0
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