R v Feely
| Jurisdiction | England & Wales |
| Date | 1973 |
| Year | 1973 |
| Court | Court of Appeal (Criminal Division) |
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48 cases
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R v Mclvor
...the passages in the summing-up which we have quoted constituted misdirections in the light of the authorities, to which we now turn. In R. v. Feely. (1973) Q.B. 530, the defendant appealed against his conviction of the theft of £29.89p. from his employers, complaining that the trial judge ......
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R v Lewis (Joseph)
...day when he acquired funds for the purpose. That was no defence." 12 Since that decision in Halstead v. Patel this Court has decided R. v. Feely (1973) Queen's Bench, 530. In that case the Court decided that for the purposes of the Theft Act, the concept of dishonesty was a subjective conce......
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DPP v Bowe
...[at paras.37-38]. 40 The test and its requisite elements were repeated and applied in Lévis (City) v. Tétreaul [2006] 1 SCR 420 and R v. Pea [2008] 93 OR (3d) 67 (ONCA). The former case accepted Lamer CJ's formulation and added that objective reasonability referred not only to the advice it......
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R v Ghosh
...it might be, should be the same whether the offence charged be theft or conspiracy to defraud. This is clear from the reference to R. v. Feely (1973) Q.B. 530, which was a case under section 1 of the Theft Act. Having set out what we have for convenience called the subjective test, the Cou......
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2 firm's commentaries
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Ivey v Genting Casinos Honesty Over Dishonesty
...in the English law, the preference for a simple definition of dishonesty did not spring into existence in 2017. The Court cites R v Feely [1973] QB 530, in which the Court of Appeal enjoins judges not to interpret "dishonesty" save where required to do so by the Theft Act It might also be t......
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The Fraud Act 2006: Has It Had Any Impact?
...a return to the pre-Ghosh authorities which required some sort of moral obloquy to underpin the "dishonesty." In the case law pre-Feely [1973] QB 530 the argument had succeeded that the absence of obloquy entitled the defendant to an acquittal. Feely put pay to that suggestion, but given th......
10 books & journal articles
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The Criminal Liabilities of Directors to the Creditors of the Company: Section 458 Companies Act 1985
...(20) At pp. 1049-1050 ibid, and at pp. 150-151 ibid. See also R v Royle[1971] 3 All ER 1359,[1971] 1 WLR 1764. (21) [1973] 3 All ER 341,[1973] QB 530. (22) [1982] 2 All ER 689 at p. 695. (23) At p. 696 ibid. (24) Ibid. (25) [1992] Crim. LR 657. (26) Sec Scott v Coms. of Police for the Metro......
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The New Test for Dishonesty in Criminal Law—Lessons From the Courts of Equity?
...Ghosh: The UK Supreme Court Clarifies the Proper Test for Dishonesty to be Applied in CriminalProceedings’ (2017) 81(6) J Crim L 448.16. [1973] QB 530.17. Ibid 541.18. Ibid 538.19. [1982] QB 1053.38 The Journal of Criminal Law by deception contrary to s 15 of the Theft Act 1968. In rejectin......
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Can Dishonesty Be Salvaged? Theft and the Grounding of the MSC Napoli
...It may be felt that, as a matter of principle, it is necessary to retain the conceptof dishonesty to reflect ‘moral obloquy’: R v Feely [1973] QB 530 at 539, perLawton LJ.19 Hereafter ‘the Theft Act’.20 Law Commission Report No. 276, Fraud (2002) para. 3.6. Hereafter ‘Law Com.Report No. 27......
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Mistaking theft: Dishonesty ‘turns over a new leaf’
...661.33. J Cecil Turner, Russell on Crime vol 1 (11th edn Stevens & Sons, Hampshire 1958) 1129.34. Williams (n 1) 305–331.35. R v Feely [1973] QB 530, 537–538, 541; Criminal Law Revision Committee, Eighth Report: Theft and Related Offences(Cmnd 2977, 1966) para 39.36. There may be rare cases......
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