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Describing Dishonest Means: The Implications Of Seeing Dishonesty As A Course Of Conduct Or Mental Element And The Parallels With Indecency, Alex Steel
Alex Steel
Fundamental differences exist internationally and within over the definition of ‘dishonestly’ and the associated term ‘fraudulently’. In Australia and Canada a further concept of ‘dishonest means’ exists. This article critically examines the Australian High Court’s analysis of ‘dishonest means’ in Peters v The Queen by comparing it with the approach taken by the Canadian Supreme Court in R v Theroux and R v Zlatic. The definition of ‘dishonest means’ in Peters is also compared with the exposition of actus reus and mens rea set out in He Kaw Teh v The Queen, and with similar issues faced by courts in …
The Meanings Of Dishonesty In Theft, Alex Steel
The Meanings Of Dishonesty In Theft, Alex Steel
Alex Steel
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.