Mistaking theft: Dishonesty ‘turns over a new leaf’

The common law doctrine of mistake fact or civil works as denial offending, but dishonesty one the definitional elements crimes such theft and fraud. It is argued in this article that rulings R v Barton [2020] 3 WLR 1333 Ivey Genting Casinos (UK) (trading Crockfords Club) [2018] AC 391 do not change respect mistakes about what honest. A defendant whose conduct taken dishonest according to community standards may well avoid criminal liability if he was genuinely mistaken a right. submitted since already provided for, expanded greatly by which merely bring back objective test had long been established before Ghosh test. decision substantively welcome, even though arose from case where an issue court.