Steel, Alex --- "The Meanings of Dishonesty in Theft" [2010] UNSWLRS 42

University of New South Wales Faculty of Law Research Series

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The Meanings of Dishonesty in Theft [2010] UNSWLRS 42 (20 October 2010)

Last Updated: 26 October 2010

The Meanings of Dishonesty in Theft

Alex Steel, University of New South Wales

This paper is available for download at http://law.bepress.com/unswwps/flrps10/art42/

Citation

This article was published in the Common Law World Review, Vol. 38, pp. 103-136, 2009.

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.