Making off without payment

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  • Created by: Megan
  • Created on: 23-06-11 08:51

Actus Reus

Goods or services are done, then making off from the spot, where payment is expected, without having paid as expected

Must be complete and the goods or service must be legally enforceable. There can be no expectation or requirement of payment if it is not a legal thing. E.G. prostitution, drug deals, stolen goods

Brooks and Brooks: making off = departing from the spot where payment is required

McDavitt: hid in the toilet and was therefore not guilty as he didnt leave the spot

Troughton v MPC: taxidrive took drunk to the police instead of home, not guilty for not paying as service wasnt done. He didnt take them where he should have

Vincent: not guilty as payment wasnt expected on the spot as there was a pre-made arrangement to pay at a later date

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Mens Rea

Knowing that payment is required on the spot and dishonestly intending to avoid payment permanently

May not always know that payment is required. If they thought it would be invoiced or brought on credit then they cannot be guilty

Dishonesty must happen at the point of making off. The Ghosh test should be used: would the reasonable man think it to be dishonest: did D know that it would be seen as dishonest by the ordinary reasonable standards

Will not be dishonest in not paying if there is a reason shuch as bad service or faulty products and it is made clear this is the reason you arent paying. 

Allen: not guilty as he did not intend to deprive from payment PERMANENTLY

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