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.
Disciplines
Criminal Law | Criminal Procedure
Date of this Version
October 2010
Recommended Citation
Alex Steel, "The Meanings of Dishonesty in Theft" (October 2010). University of New South Wales Faculty of Law Research Series 2010. Working Paper 42.
http://law.bepress.com/unswwps-flrps10/art42
Comments
This article was published in the Common Law World Review, Vol. 38, pp. 103-136, 2009. This paper may also be referenced as [2010] UNSWLRS 42.