Law - Obtaining Services dishonestly

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  • Obtaining services dishonestly (Fraud Act 2006 section 11)
    • AR:Obtains service without (full) payment
      • 1. Obtains - D actually obtains the services. Not sufficient to try to obtain.
        • For D or another peson.
      • 2. Services - only applies to services to be paid for. not free ones.
      • 3.Without (full) payment -Where D obtains the service but the services aren't paid for in full or in part.
    • MR:Dishonest, D knows services are being made avaliable on basis of full payment to be made and D intends not to make full payment.
      • 1. Dishonesty - Apply test for Ghosh (1982)
      • 2. Knowledge that payment is required: Did D know that the service he obtained required payment or might require payment at the time he required the service?
      • 3. Intent not to pay - Did D intend to pay in full or in part?

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