Law - Obtaining Services dishonestly
- Created by: mariehemmo
- Created on: 30-04-16 14:45
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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.
- 1. Obtains - D actually obtains the services. Not sufficient to try to obtain.
- 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?
- AR:Obtains service without (full) payment
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