Making off

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  • MAKING OFF S3 Theft Act 1978
    • 1 Goods supplied or service done
      • The key point is that the goods must be supplied, the goods are delivered or the defendant takes them
      • Where service is involved the service must be done, this includes repairing a bike, supplying a meal, renting a car provision of a hotel room as in Allen
      • S3 (3) the service need not be supplied or goods supplied if it is contrary to law, or payment is not legally   enforceable
      • Troughton v Metropolitan Police - if the service is not complete then there is no offence, taxi driver drove to police station, service not complete fare not due
    • 2 - makes off from the spot
      • This is the idea of 'departing'
      • Brooks and Brooks - the expression making off is an expression that should be treated as departing the manner of departure  is what is improtant
      • McDavitt - making off refers to a departure from the spot where payment is required or expected, where the spot is, is a matter for the jury to decide, depending on the circumstances
    • 3 Fails to pay on the spot as required or expected
      • The key point is that the departure is made without paying as required or expected
      • Vincent - if the defendant makes a false representation to get the victim to agree to payment later, this is no longer making off as it becomes s2 of the Fraud Act, in this case it related to delayed payment of hotel bills
    • 4 Dishonesty
      • Gosh test - thus a defendant who honestly believed he had been given credit for the goods supplied or service done would not be guilty
    • 5 Knows that payment on the spot is required or expected
      • If the defendant does not know that payment on the spot is required, they will not be guilty of the offence
    • 6 Intention to avoid payment permanently
      • Allen - The intent must be to never pay the sum involved, this means an honest belief that credit is being given will mean the offence is not being committed


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