Making Off Without Payment

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  • Created by: Tom Ower
  • Created on: 05-05-13 14:36
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  • Making off without payment
    • Definition
      • Making off without payment was created in S3 of the Theft Act 1978
      • 'A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected with intent to avoid payment of the amount due shall be guilty of an offence.'
      • Covers man situations such as: driving off without paying for petrol, leaving a restaurant without paying for food, running off without paying a taxi fare, leaving a hotel without paying the bill.
    • Actus Reus
      • Payment required or expected
        • Must be shown that a payment was required for goods/services recieved
        • R v Vincent 2001
          • If D has made prior arrangement to pay at some other time + honestly does not believe on the spot payment was required, they are not guilty.
      • Making off
        • R v McDavitt 1981
          • If D is still on premises, he or she has not 'made off'  so cannot be guilty.
    • Mens Rea
      • Dishonesty
        • Same test as the Theft Act 1968.
      • Knowledge that payment was required
        • Court must be satisfied that the D knew that payment on the spot was required or expected
      • Intent to avoid payment
        • R v Allen 1985
          • Intent must be to permanently avoid payment. If there is any intention to return and pay the amount owed, the D has no mens rea


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