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eBook details

• Title: When Does Sharp Business Practice Cross the Line to Become Dishonest Conduct?
• Author : University of Queensland Law Journal
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 290 KB

Description

Dishonesty is a key element of many of the serious offence provisions under the Corporations Act 2001 (Cth) and many of the economic crime provisions of the various state Crimes Acts and Codes. If a client is charged with such an offence the obvious question which arises is whether the client has in fact been dishonest. Similarly if a client is considering engaging in conduct which may be morally suspect the question may arise as to whether the client will be engaging in conduct that is dishonest and thereby risk prosecution. Whilst deciding whether conduct is dishonest may be straightforward in most cases, situations can arise where the answer may not be clear cut. Advising a client in such a situation may be difficult because current tests of dishonesty tend to reflect standards of ethics and morality generally accepted by the community which may not accord with the client's or even the lawyer's personal standards. This article will examine the concept of dishonesty in the context of commercial crime, attempt to add some clarity to this particularly fluid concept and scrutinize the lawyers' role in ensuring clients' actions accord with community values. Many of the economic or 'white collar' crime provisions now specifically require the prosecution to prove dishonesty. Even if the word dishonest or dishonesty does not appear in the actual offence provision, dishonesty may be an issue if the provision refers to 'fraudulently' or 'defraud'. This is because 'fraudulently' has been construed in relation to many offence provisions to mean dishonestly. (1) An 'intent to defraud' has been construed to mean the use of dishonest means to prejudice the rights of another or deprive another of something which is regarded as belonging to him or her. (2)

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