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KembaraXtra- Case Law - Roberts (1987)
Case Summary
Case Summary
- Nature of Case: Handling stolen goods.
- Underlying Event: Burglary resulting in the theft of two Renoir paintings (worth £51,000).
- Insurer: Subject of the claim following the burglary.
- Loss Adjuster: Offered a reward (10% of the paintings' value) for their return.
- D (Defendant): Phoned the loss adjuster, claimed he could recover the paintings, exchanged the paintings for £10,000 and subsequently arrested.
- Stolen Paintings: Two Renoir paintings stolen.
- Reward Offered: 10% of painting value (£5,100) offered for return.
- D's Actions: Claimed he could recover the paintings, recovered them and exchanged for £10,000 (discrepancy with reward).
- Ghosh Test Application: The second part of the Ghosh test (whether the defendant realized that what he was doing was dishonest by the standards of reasonable and honest people) only needs to be put to the jury if the defendant specifically argues that he did not think he was dishonest by his own standards.
- Focus on Defendant's Subjective Belief: The case clarifies the conditions for applying the more subjective element of the Ghosh test, streamlining the dishonesty assessment in cases of handling stolen goods (and potentially other crimes involving dishonesty).
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