The test for dishonesty (Ivey v Genting)
Dishonesty is now judged by the test in Ivey v Genting Casinos: first establish the defendant's actual knowledge or belief as to the facts, then ask whether their conduct was dishonest by the objective standards of ordinary decent people. There is no longer a separate requirement that the defendant realised they were being dishonest.
Last reviewed 14 June 2026
For decades the test came from R v Ghosh, which had two stages: (1) was the conduct dishonest by the ordinary standards of reasonable and honest people, and (2) did the defendant realise that it was. The second, subjective limb meant a defendant who genuinely did not regard their conduct as dishonest could escape liability.
In Ivey v Genting Casinos [2017] UKSC 67 the Supreme Court disapproved the Ghosh test. Although Ivey was a civil claim about cheating at cards, the Court of Appeal in R v Barton and Booth confirmed that the Ivey approach now governs criminal law too, so the second limb of Ghosh is gone.
Dishonesty is a core element of theft (s 1 Theft Act 1968) and fraud (Fraud Act 2006). The move to Ivey makes conviction easier, because the defendant's own opinion of whether they were honest is no longer relevant — only their belief as to the underlying facts is.
Key cases
- Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67
- R v Ghosh [1982] QB 1053
- R v Barton and Booth [2020] EWCA Crim 575
Frequently asked questions
Is the Ghosh test still good law?
No. The two-stage Ghosh test was disapproved by the Supreme Court in Ivey v Genting Casinos [2017], and the Court of Appeal confirmed in R v Barton and Booth [2020] that the Ivey test now applies in criminal cases.
What is the Ivey test for dishonesty?
First, establish the defendant's genuine knowledge or belief as to the facts. Second, ask whether their conduct was dishonest by the objective standards of ordinary decent people. The defendant's own view of whether they were dishonest is irrelevant.
Why does the test for dishonesty matter?
Dishonesty is a key element of theft under the Theft Act 1968 and of fraud under the Fraud Act 2006, so the test helps decide whether many property and economic crimes are made out.
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