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MR of Theft (Dishonesty (S.2(1)(a) D believes he has a legal right.…
MR of Theft
Dishonesty
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S.2(2) Makes it clear that D may still be dishonest even if s/he is willing to pay for the property (E.g. Fisherman's Case)
Theft Act does not define dishonesty but instead gives three situations in which a person is not to be regarded as being dishonest.
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S.2(1)(b) D believed in the other's consent. E.g. where baby-sitter cut her finger and took a plaster from the first aid box
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Ghosh
Claimed fees for an operation he did not carry out. Dishonest as he was owed fees anyway. CA developed the Ghosh test for guidance to the jury on dishonesty
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