Law - Making off without payment
- Created by: mariehemmo
- Created on: 30-04-16 15:59
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- Making off without payment (Theft Act 1978 s 3)
- AR: goods/ services supplied to D and D makes off and fails to pay
- 1. Goods services supplied to D: Goods - may be supplied to D or may be self supplied by D e.g. supernarket. Service - must be completed (Troughton v Metropolitan Police)
- 2.Making off: D leaves place where payment is required on the spot
- Not necessary for D to leave the premises
- 3. Failing to pay: Question of fact for jury to decide
- MR: D is dishonest when he makes off and knows payment on the spot is required and intends not to pay.
- 1. Dishonesty: at moment D makes off. Apply R v Ghosh 1982.
- Whether D is dishonest before making off is irrelevant
- 2. Knowledge: that payment on the spot is required/ expected
- 3. Intent to avoid payment: D must intend to make permanent default (R v Allen)
- 1. Dishonesty: at moment D makes off. Apply R v Ghosh 1982.
- AR: goods/ services supplied to D and D makes off and fails to pay
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