Law 5110 Study Guide - Quiz Guide: Mens Rea, Brunel University London, Criminal Attempts Act 1981
Document Summary
Ghosh test leads to longer and more difficult trials. The idea of standards of ordinary and honest people is a fiction. The ghosh test is unsuitable in specialised cases. Leaves too much interpretation for the jury/lay mags leading to inconsistent decisions within similar situations. Too much emphasis on objective views of what is dishonest rather than d"s intentions. (even if. D thought what he was doing was dishonest he could still be found not guilty if the jury felt that reasonable and honest people would have found his actions not dishonest) Professor griew"s views in dishonesty: the objections to feely and ghosh ; Objective side is not always a straightforward matter. Subjective side is another difficult point as it requires evidence of a state of mind which is not easy to prove. Might lead to more not guilty pleas where d bargains on the jury finding him such. Better than him simply saying he was guilty.
