Dishonesty in ghost test Essay

For the avoidance of doubt the whole of the Dent article is at Crim. L.R. 2016, 8, 553-557. You are expected to read the whole article.

This article discusses the recent decision in the case of Hayes (R. v Hayes (Tom Alexander) [2015] EWCA Crim 1944; [2016] 1 Cr. App. R. (S.) 63 (CA (Crim Div)) in light of the test for dishonesy in Ghosh R. v Ghosh (Deb Baran) [1982] Q.B. 1053 (CA (Crim Div)). It is essential that you read the full judgement of both of these cases.

Do some internet research on LIBOR and on how Hayes came to be charged with offences of dishonesty?

Find the two limbed test for dishonesty in Ghosh and ensure you understand it. Make sure you understand which part of the test is objective and which subjective.

What was the appeal point that Hayes was arguing? In what way did he say he was entitled to be judged by a standard of honesty that is different to the Ghosh standard of the ordinary, reasonable person?

The direction on dishonesty in Hayes told the jury to ignore any evidence of standards of behaviour and practice in the banking world. Does the Court of Appeal approval of this direction in Hayes limit the discretion of the jury in deciding what the objective standard of what ordinary and reasonable people think is honest? Does telling the jury what NOT to consider mean the discretion is being fettered?

Show that you understand what both judgements say.

Show that you understand whether Dent agrees with the Hayes judgement or not.

Indicate if you agree with him and substantiate that with reference to the article and any other appropriate sources.

You need to consider what arguments Dent puts forwards in the article. It might be a good idea to make a list of what you say his arguments are. You then need to consider how persuasively Dent makes each argument.

What evidence and arguments that he put forward to persuade you that he is right?

Do you agree? Or disagree?

What sources can you use to give weight to your views? Do other academic commentators agree or not?

There are plenty of other journal articles on the Ghosh judgement. Do any of them support or contradict Dent’s view (or your view of what the test for dishonesty should be?)

Look at other current textbooks and journal articles. If you do not feel confident about legal research ask student services about study skills classes and/or book a revision session in the library with the law librarians.

Do not forget that the word limit for this assignment is 3000 words. It is important that you use those words carefully. Do a first draft and a word count. Select what you consider your best points are and re-write to include those first, editing out what you consider to be weaker points. Try not to repeat yourself and ensure that you have a reasoned conclusion supported by evidence.

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