Ivey v Genting Casinos is a 2017 case that has received attention for its treatment of the R. v Ghosh test, which has been a landmark in the English legal landscape for 35 years as the leading authority on defining dishonesty in criminal law cases. The case has been met with mixed reception from commentators and the Courts, and some have claimed that the R. v Ghosh test has been effectively overruled. However, the impact of Ivey v Genting Casinos is nuanced and it is argued that it represents an overdue and desirable change to criminal law.
In Ivey v Genting Casinos, the defendant, Phil Ivey, was accused of cheating at a game of Punto Banco, a form of baccarat, by using a technique known as “edge sorting.” Ivey argued that his actions were not dishonest because he believed that edge sorting was a legitimate advantage-playing technique and that he had not broken any rules set out by the casino. However, the court held that Ivey’s actions were dishonest by the standards of the reasonable and honest person, using the test established in R. v Ghosh.
The significance of this case lies in the fact that the court in Ivey v Genting Casinos went further than simply applying the R. v Ghosh test, they also considered the defendant’s subjective belief in the legitimacy of his actions. This marked a departure from the previous understanding of dishonesty as solely objective and could be seen as a shift towards a more nuanced understanding of dishonesty in criminal law.
In conclusion, Ivey v Genting Casinos did not overrule the test established in R. v Ghosh, but rather built upon it by taking into account the defendant’s subjective belief. This change in the law is considered by many to be a positive development in criminal law as it allows for a more nuanced and fair evaluation of dishonesty.
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Answering problem questions in the University of London LLB programme requires a clear understanding of legal principles, good analytical skills and the ability to apply the law to a given set of facts. Here are some tips to help you answer problem questions effectively:
- Read the question carefully: Make sure you understand what the question is asking before you begin writing.
- Identify the legal issues: Identify the legal issues raised by the facts and the relevant laws that apply to those issues.
- Analyze the facts: Analyze the facts presented in the question, focusing on the details that are relevant to the legal issues.
- Apply the law: Apply the relevant laws to the facts, making sure to consider all relevant legal principles and cases.
- Structure your answer: Use a clear and well-structured approach, starting with an introduction that outlines the main legal issues, followed by a discussion of the relevant laws and a conclusion that summarizes your analysis and sets out your conclusion.
- Use relevant cases and statutes: Cite relevant cases and statutes to support your analysis and help illustrate the legal principles you are discussing.
- Be concise: Be concise and to the point, focusing on the key issues and avoiding unnecessary detail.
- Proofread: Proofread your answer carefully to make sure it is error-free and clear.
- Time management: Make sure you manage your time effectively, leaving enough time to review your answer and make any necessary corrections.
By following these tips, you should be able to answer problem questions in the University of London LLB programme effectively and with confidence. Good luck!