Fraud, Obtaining Services Dishonestly, and Making Off Without Payment

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Fraud by false representation

Contained in S2 Fraud Act, this is a tri-able either way offence with a maximum sentence of 10 years' imprisonment.

Actus reus: Making a false representation

Mens rea: Knowledge that the representation was or might be untrue or midleading;
Dishonesty;
Intention to make a gain, cause a loss, or expose another to the risk of loss.

A representation can be facts or law.

Representation may be express if D communicates directly with the victim, or implied if the victim is allowed to believe something.

Representation can be about identity; it can be an omission; and it must be presented to a person or a machine.

R v Lambie: D had a credit card with a limit of £200. This was clearly communicated to her. She went over her agreed limit and the bank wrote to her demanding the return of the card. She failed to do so and made further transactions totalling over £1000. This was held to be false representation, as she was using the card as if she had a right to do so, when she did not.

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Obtaining services dishonestly

Contained in S11 Fraud Act, this is a tri-able either way offence with a maximum sentence of 5 years' imprisonment.

Actus reus: Obtaining a service.

Mens rea: Knowledge that the service will require payment;
Dishonesty;
Avoiding or intending to avoid payment, in full or in part.

'Obtains' means that the service must actually be performed for the benefit of D or another before the offence is committed.

A 'service' is a benefit given on the understanding that it will be paid for. If part payment is made then the offence is still committed.

R v Allen: D stayed at a hotel for nearly a month and left without paying his bill. He phoned the hotel to say he was experiencing financial difficulties and was awaiting the fulfilment of certain business transactions. He arranged to pick up his belongings from the hotel, and leave his passport there as collateral until the debt was paid. When he arrived to pick up his things, the police were waiting and he was convicted of obtaining services dishonestly. The conviction was quashed on appeal as it was upheld that the intention to avoid payment must be permanent.

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Making off without payment

Contained in S3 Theft Act 1978, this is a tri-able either way offence with a maximum sentence of 2 years' imprisonment.

Actus reus: Goods supplied or services done;
Makes off on the spot;
Fails to pay as required or expected.

Mens rea: Knowledge that payment on the spot was required or expected;
Dishonesty;
Intention to permanently avoid payment.

'Goods' means property that is tangible, and a 'service' is a benefit given on the understanding that it will be paid for. 'Making off' is departing from the spot.

Troughton v Metropolitan Police: A taxi driver drove a drunken D to the police station when he failed to give accurate directions as to where he wanted to go. D attempted to escape without paying the fare, however he was not guilty as the service had not been performed.

R v Brooks & Brooks: Trying to leave a restaurant without paying their bill, one D left in a hurry and the other attempted to leave but was caught.

R v McDavitt: D refused to pay the bill after a meal and went to the door to try and leave. He was not guilty as he was prevented from leaving.

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