Fraud by obtaining services dishonestly
- Created by: une-meduse
- Created on: 11-05-13 21:49
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- Obtaining Services Dishonestly S11 Fraud Act 2006
- 1 - Obtains for himself or another
- There must be proof that the services have actually been obtained, also, the service provider need not be decieved
- It should also noted that the offence can be committed where the person performing the act does not do so for his own benefit
- 2 - Services
- This applies to services that are made available on the basis that payment has been, is being or will be made for in respect of them
- The CPS gave a number of examples of services that would fall within this section
- Obtains chargeable data or software over the internet without paying
- Orders a meal in a restaurant knowing he has no means to pay
- Attatches a decoder to his/her TV to enable him/her to access chargeable satelite services without paying
- Uses the services of a members club without paying and without being a member
- 4 - Dishonestly
- The Gosh Test applies here
- (1) Will the defendant's behaviour be regarded as dishonest by the ordinary standards of reasonable honest people?
- (2) If yes, then was the defendant aware that his conduct was dishonest and might be regarded as dishonest by the standards of reasonable honest people?
- The Gosh Test applies here
- 3 - Not paid for
- The offence is only committed is the defendant does not pay or does not pay in full for the service
- Even if the defendant makes a false statement but pays the full price, then he has not committed the offence of obtaining services
- 5 - Intention not to pay
- The prosecution must prove that the defendant intended not to pay, or not to pay in full.
- The intent must be never to pay the sum involved, if the defendant though that someone else had already paid then he would not be guilty of this offence
- 1 - Obtains for himself or another
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