Making off without payment

?

Making off Without Payment

* Making off without Payment is stated in S3 of the Theft Act 1968

'A person knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected, with intent to avoid payment of the amount, shall be guilty'

Actus Reus:

* Makes off

* Without having paid as required or expected

* For the good or services supplied

Mens Rea:

* Knowledge payment on the spot is required

* Dishonestly & Intention to avoid payment

1 of 3

Cases:

* Troughten = Defendant was acquitted as payment wasnt required as the journey was not complete

* McDavitt = Defendant had not made off from the restaurat, so had not made off without payemnt so was acquitted

* Vincent = Payment on the spot wasnt required, it was said to be postponed to a later date, so defedant had not made off without payment

2 of 3

Mens Rea:

The mens rea for making off without payment:

* Dishonestly - Ghost test (was the act dishonest according to the ordinary standards of a reasoable and honest person? Did the defendant realise that what he was doing was dishonest by those standards?)

* Knowledge that payment on the spot is required - if the defendant does not know that payment is required on spot, then he wont be guilty of this offence

Intention to avoid payment

Allen - The case of Allen stated that there must be intention of permanently avoiding payment

With Allen, the defendant left without payment, but he genuinely intended to pay in the future as he was being granted money to cover the cost, so his conviction was quashed because you have to prove that the defendant intended to avoid payment permanently

3 of 3

Comments

No comments have yet been made

Similar Accounting resources:

See all Accounting resources »See all jjjjjj resources »