The Theft Act 1968 does not define 'dishonesty'. Although it gives three situations in which the defendant's behaviour is not dishonest.s2 (1) of the Theft Act 1968
a) If he believes that he has a law in, the right to deprive the other of it
b) If he believes that he would have the other's consent if the other knew of the appropriation
c) If he appropriates in the belief that the person to whom the property cannot be discovered Holden (1999)
Honestly believed he would have had the owner's consent if he sought it. However if s2 (1) fails, then this is the matter left to the jury.
Ghosh 2 Stage TEST
i. Was what was done dishonest according to the ordinary standards of reasonable and honest people?
ii. Did the defendant realise that reasonable and honest people would regard what he did as dishonest?
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