Fraud by obtaining services dishonestly

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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?
    • 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

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