Now, Dishonesty is to Act WITHOUT Honesty. It is used to describe a Lack of Probity, Cheating, Lying, or being Deliberately Deceptive or a Lack in Integrity, Knavishness, Perfidiosity, Corruption or Treacherousness. Dishonesty is the fundamental component of a majority of Offences relating to the Acquisition, Conversion and Disposal of Property (Tangible or Intangible). A Person must knowingly misappropriate the Money, and cannot commit the Crime by making a mistake or error. A Person who misappropriates Funds does not have to intend to actually physically take the Money. It can be enough for the Prosecution to show that the Defendant intended to take any action that results or would likely result in the misappropriation of Funds. In some instances, the Defendant must know that the Action is illegal, while in other instances the Defendant only has to Act intentionally and does not need to know that the Conduct is Criminal. Section 16 of the Penal Code defines “Dishonestly” as “A Person is said to do a thing “dishonestly”, who does that thing with the intention of causing a wrongful gain to himself or another or of causing wrongful loss to any other person.” By wrongful gain this was defined under Section 13 of the Act, as gain by unlawful means of Property to which the person gaining is not legally entitled. The Penal Code Act also went further to define what is meant by wrongful loss in Section 14 to mean, the loss by unlawful means of Property to which the person losing it, is legally entitled. Under Section 15, a person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully, and a person is said to lose wrongfully when such person is wrongfully kept out of any Property, as well as when such person is wrongfully deprived of Property. A dishonest intention is an essential ingredient of Criminal Breach of Trust. Further, the intention may frequently be presumed from the consequences of the act, as a person is presumed to intend the natural consequences of his act. See WIGMORE ON EVIDENCE VOLUME 2 PAGE 42 PARTICULARLY AT PARAGRAPH 242 43

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