s2 dishonesty MR

• no legal definition, dishonest if

  •believes owner can't be traced

  •believes has consent of owner

  •believes has right to deprive
• R v Small 


  took car believed to be abandoned, left in same place with keys in ignition

  no theft, owner could not be found
• R v Ghosh


  Falsely claimed to have carried out an operation to claim money. charged with attempting to procure execution of cheque by deception (s20 theft act). claimed he was entitled to money

  
  

  GHOSH TEST

  1. would Ds behaviour be regarded as dishonest by standards of reasonable and honest people

  2. if yes, was D aware his conduct would be regarded as dishonest by honest and reasonable people
• R v Ivey


  Used card technique of edge sorting to cheat, signed contract that he wouldn't cheat.

  supreme Court obiter statements removed 2nd part of test
• Barton v Booth 


  residents of care home persuaded to give large cash gifts, sign over things, provide loans, and pay fees to owner and managers.

  used test from Ivey, argued should've used Ghosh.

  Supreme Court unanimous, dishonesty objective