Has Ivey modified Ghosh test been used in Criminal case yet?
Discussion
Mainly due to milkround's mega thread and the thread about two serving police officers in High Wycombe being found guilty of Misconduct after the evidence they presented in Court didn't match dashcam footage of the incident, I've been trying to understand the Ghosh test for dishonesty. Is a Doctor invoicing a hospital for work he didn't do comparable to police officers arriving at Court, where the standard of proof is beyond reasonable doubt, with evidence that's then disproven by dashcam footage?
I understand the Ivey v Genting Casinos Supreme Court ruling in late 2017 meant the second part of the Ghosh test, the part of the test that asks whether the Defendant realised that by the standards of a honest and reasonable person that their conduct was dishonest, has changed making the test for dishonesty the same for Civil and Criminal cases.
Does anyone know if the Ivey modified second part of the Ghosh test for dishonesty has been used in a Criminal case?
I understand the Ivey v Genting Casinos Supreme Court ruling in late 2017 meant the second part of the Ghosh test, the part of the test that asks whether the Defendant realised that by the standards of a honest and reasonable person that their conduct was dishonest, has changed making the test for dishonesty the same for Civil and Criminal cases.
Does anyone know if the Ivey modified second part of the Ghosh test for dishonesty has been used in a Criminal case?
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