Law Unit 4 Case Cards - Making off Without Payment

Payment Required or Expected

R v Vincent (2001)

The defendant claimed that he had made an oral arrangement with the owner of a hotel that he would pay for his stay as soon as he could after leaving. He therefore argued that payment on the spot was not required, and on appeal he was judged not guilty of making off without payment.

Held that: By the appeal court that whether or not he made the arrangement honestly made no difference to the outcome.

Payment Required or Expected

R v Brooks and Brooks (1983)

A father and daughter and a man named Smith went to a restaurant. The daughter left early in a rush. The father and Smith then absconded without paying. They were convicted of making off without payment. The daughter appealed contending she thought her father was paying and was thus not dishonest.

Held that: The daughter's conviction was quashed. The words 'dishonestly makes off' should be given their ordinary meaning and the jury should relate these words to the facts of any case. In the majority of cases no elaboration is required. There is no requirement of leaving by stealth in order to amount to being dishonest, the words 'makes off' simply means depart.

Making Off

R v McDavitt (1981)

D had an argument with a restaurant owners and refused to pay. He was stopped from leaving the restaurant and waited for the police in the toilets.

Held that: He had not made off from the spot because he had not departed from the restaurant.

Making Off

R v Aziz (1993)

D refused to pay for a taxi when he reached his destination. The taxi driver drove off to a police station but then the D escaped.

Held that: The spot when payment was required had been reached at the destination and payment remained due thereafter.

Making Off

Troughton v MPC (1987)

D asked a taxi to take him to Highbury North. There was an argument about the route taken and D was unable to say where exactly he wanted to go, He refused to pay.

Held that: D had not made off without payment as the contract had not been fulfilled and D had not reached his destination. D was intoxicated. D was convicted of making off without payment but on appeal his conviction was quashed.

Intent to Avoid Payment

R v Allen (1985)

D left a hotel in Windsor without paying but maintained that he would return with his passport and pay later.

Held that: The intention must be to avoid payment permanently for making off without payment and by analogy for obtaining services dishonestly.