If it was not dishonest by those standards that is the end of the matter and the prosecution fails. A jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest.The two-stage in Ghosh may be summarised as follows:
The judgment of the Court in Barton can be viewed here: This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh QB 1053. In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) UKSC 67 AC 391. Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth EWCA Crim 575 30th April 2020 Julian Jones
