Making off Without Payment

• Made after gaps emerged in Theft Act 1968 - Greenbug

Greenbug  

• D filled car w/petrol and made off w/out paying
• Not guilty of theft, as petrol belonged to him when he appropriated it
  • Used to be that when petrol was put into a car, it would become the car owner's property
• Also lacked MR - intended to pay when he got to petrol station

Theft Act 1978 s3(1)

• 'A person who, knowing that payment on the spot for any goods supplied or service done is required or expected of him dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence
  • goods supplied or services done must be lawful'

• D makes off
• Goods have been supplied, or a service done
• Payment is required on the spot
• D has not paid as required

• leaving scene where payment is expected

Brooks and Brooks (1982)  +  

• 'Makes Off' = past the point of payment

McDavitt 

• D had an argument w/restaurant mangager - refused to pay
• about to leave but advised not to as police were called
• D statyed in toilet until police came
• D acquitted - he had not 'made off'

Troughton v Metropolitan Police   

• D = drunk. Hired taxi to take him home but failed to give address
• V stopped for directions + D accused him of unnecessary diversion
• V drove to police station for directions. D ran off
• Appeal allowed: journery had not been completed

Vincent 

• D stayed at two hoets w/out paying
• Said he had arranged w/proprietors that he would pay when he could
• Payment not on the spot
• Conviction quashed
  • payment must be required on the spot
  • didn't matter if agreement to pay = dishonest

• Matter of Fact

Elements

Dishonesty

• Ghosh Test

Knowledge that payment on the spot is required

• If D is unaware = not guilty

Intetion to Avoid Payment

• Allen 
  • D owed money for staying at hotel + left w/out paying
  • genuinely intended to pay in near future
  • Conviction quashed - D not attempting to avoid payment altogether