The Meanings of Dishonesty in Theft

Common Law World Review, Vol. 38, pp. 103-136, 2009

UNSW Law Research Paper No. 2010-42

34 Pages Posted: 24 Oct 2010

See all articles by Alex Steel

Alex Steel

University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 20, 2010

Abstract

This paper examines the development of the element of fraudulence in larceny and its recasting as dishonesty in modern theft offences. It examines the diverging approaches in England, Canada, New Zealand and Australia and attempts to explain the implications of the various approaches. It suggests that historical debates over the term arose because of the lack of clarity in early decisions, and that those debates continue today. Consequently, the principled basis for dishonesty as a legal term remains fundamentally unclear and discussion of the term requires further consideration.

Keywords: Dishonesty, Fraudulence, Theft, England, Canada, Australia, New Zealand, Ghosh, Peters

Suggested Citation

Steel, Alex, The Meanings of Dishonesty in Theft (October 20, 2010). Common Law World Review, Vol. 38, pp. 103-136, 2009, UNSW Law Research Paper No. 2010-42, Available at SSRN: https://ssrn.com/abstract=1695741

Alex Steel (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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