Most of the offences in the Theft Acts 1968 and 1978 require proof of dishonesty as a specific ingredient.
[...]
R v Ghosh [1982] EWCA Crim 2 is the leading authority on dishonesty. It sets out a two stage test to be applied whenever dishonesty has to be proved as an element of an offence.
If the answer to either of the following questions is 'no' a prosecution is bound to fail. The first element is objective; the second subjective:
- According to the ordinary standards of reasonable and honest people, was what was done dishonest?
- If it was dishonest by those standards, did the defendant realise that reasonable and honest people would regard the conduct as dishonest?
Electricity is not property within the meaning of section 4 Theft Act 1968 (Low v Blease [1975] Crim L.R. 513) and cannot therefore be stolen. When electricity is used without due authority, or dishonestly wasted or diverted, prosecutors should charge the offence of abstracting electricity contrary to section 13 Theft Act 1968.
Most of the offences in the Theft Acts 1968 and 1978 require proof of dishonesty as a specific ingredient.
[...]
R v Ghosh [1982] EWCA Crim 2 is the leading authority on dishonesty. It sets out a two stage test to be applied whenever dishonesty has to be proved as an element of an offence.
If the answer to either of the following questions is 'no' a prosecution is bound to fail. The first element is objective; the second subjective:
- According to the ordinary standards of reasonable and honest people, was what was done dishonest?
- If it was dishonest by those standards, did the defendant realise that reasonable and honest people would regard the conduct as dishonest?
Electricity is not property within the meaning of section 4 Theft Act 1968 (Low v Blease [1975] Crim L.R. 513) and cannot therefore be stolen. When electricity is used without due authority, or dishonestly wasted or diverted, prosecutors should charge the offence of abstracting electricity contrary to section 13 Theft Act 1968.
We're about to take you to the IET registration website. Don't worry though, you'll be sent straight back to the community after completing the registration.
Continue to the IET registration site