判决理由
The test for dishonesty is objective: the question is whether the defendant's conduct was dishonest by the standards of ordinary decent people. The subjective limb of the Ghosh test (whether the defendant realised their conduct was dishonest) was departed from.
事实
Phil Ivey, a professional poker player, used a technique called 'edge-sorting' to gain an advantage at punto banco (baccarat) at Crockfords casino, winning £7.7 million. The casino refused to pay. Ivey claimed he was not cheating.
判决摘要
The Supreme Court held that the Ghosh two-stage test for dishonesty was wrong. The correct approach is to ascertain the defendant's actual state of knowledge or belief as to the facts, then determine whether their conduct was dishonest by the standards of ordinary decent people. There is no requirement that the defendant must also appreciate that their conduct was dishonest.
关键引述
"The second leg of the test propounded in Ghosh does not correctly represent the law and directions based upon it ought no longer to be given."
— Lord Hughes
后续处理
Now the definitive test for dishonesty in both civil and criminal law, replacing Ghosh. Applied in R v Barton and Booth [2020] EWCA Crim 575.