The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant's conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67.
Albeit that the Court did not need to rule on the point, the judgment would remove the second limb of the previous two-phase objective and subjective test for dishonesty as set out in R v Ghosh [1982] QB 1053. The Court also concluded that the tests for dishonesty in criminal and civil proceedings should be the same. Please click here for a full briefing from our corporate crime team.
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