Law - Making off without payment

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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)


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