Update: So far, I have had the following responses to my musing, which seems to excite you all more than I could have imagined:
‘Thats easy, fraud is directly aimed at unlawful appropriation – dishonesty may be indirectly so.’
‘Fraud v dishonesty – my thought: does fraud require there to have been a victim, where dishonesty doesn’t?’
‘Have a look at para. 10 of Brooking’s judgment in Magistrates Court of Victoria at Heidelberg Vic Full Court 2000 Buchanan, Charles and Brooking (on perversity with the mental element and an updated ignoratia lex……. Huge philosophical literature on all terms, and therefore the differances between them. Thanks for your blog’ and
‘Would fraud be dishonesty employed for a financial or material gain? I think of fraud as a subset within dishonesty.’
Who knew that sitting there on the Legal Services Commissioner’s website is an explanation of his thinking about the difference between unsatisfactory professional conduct and professional misconduct? Not me, but I quote:
‘The sort of conduct that amounts to unsatisfactory professional conduct is where the lawyer has failed to meet professional standards. Professional misconduct, on the other hand, is behaviour involving fraud, dishonesty, breach of trust or conflict of interest. The aim of an investigation is to see whether it can be proved that such conduct took place.’
Very useful to know. I am writing a paper on fraud at the moment, with the aim of covering the whole concept and all of its legal ramifications in one hour. Being in that frame of mind prompts me to ponder what the difference is between ‘fraud’ and ‘dishonesty’.
- Tariff up for not responding to demand for information by Bureau de Spank
- Auditors’ liability for failure to ‘blow whistle’ on fraud
- NSW Court of Appeal on difference between ‘professional misconduct’ and ‘unsatisfactory professional conduct’
- Previous infractions of same rule not relevant to distinction between professional misconduct and unsatisfactory professional conduct
- Can you be prosecuted for mere negligence?