Fraud by obtaining services dishonestly

HideShow resource information
View mindmap
  • 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


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »