KembaraXtra - Case Law - Ghosh (1982)​
​Ghosh Test for Dishonesty

• Defendant (D): Surgeon acting as a locum tenens consultant.
• Act: Falsely claimed to have performed surgeries and requested payment.
• Truth: Surgeries were performed under the NHS by someone else.
• Conviction: Obtaining property by deception.

II. The Ghosh Test (Two-Stage Test for Dishonesty)The Ghosh test, used to determine whether the defendant acted dishonestly, comprises two stages:
A. Objective Stage:

• Question: Would an ordinary reasonable person consider D's actions to be dishonest?
• Key Phrase: "according to the standards of the ordinary reasonable person, what was done was dishonest."
• Purpose: To establish a baseline understanding of dishonesty in the community.

B. Subjective Stage:

• Question: Did the defendant realize that their actions were dishonest by the standards of the ordinary reasonable person?
• Key Phrase: "D himself must have realised that what he was doing was dishonest by the standards of the ordinary reasonable person."
• Purpose: To assess whether the defendant was aware that their actions would be considered dishonest by reasonable people.

III. Application
​Both stages of the Ghosh test must be satisfied for a finding of dishonesty.