R v Ghosh [1982]

1. Facts:

• D, a surgeon, claimed fees for work that others had carried out.

2. Outcome:

• Decision: D was convicted of theft. The court introduced a two-part test for dishonesty:

1. Whether the act was objectively dishonest.

2. If yes, then ask if it was subjectively dishonest.

3. Impact and Analysis:

• Legal Principle: This case established the Ghosh test for determining dishonesty, requiring both an objective and a subjective assessment.

• Implications: The Ghosh test aimed to provide a comprehensive framework for assessing dishonesty, but it was later overturned in Ivey, which simplified the test by removing the subjective element and focusing solely on the objective standard.