Making off without payment

  • Created by: rachel
  • Created on: 14-06-14 13:49

Making off without payment

Created because there were situations left uncovered by the Theft Act 1968, where D had not committed theft, nor decieved anybody, but their conduct was regarded as 'criminal'.

Greenburg- D geniunely intended to pay for petrol, but changed his mind afterwards.

Other situations- leaving a salon w/out paying, leaving a restuarant without paying- Turner.

Actus reus- 'goods supplied or services done'- S3- goods must be legally enforceable, (cannot be stolen goods or prostitution etc).

Makes off from the 'spot'- Brooks and Brooks- making off is departure from the spot where payment was required.

McDavitt- D had not departed from the spot, he had just waited in the toilets. The spot is different in each case.

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Making off without payment

Without having paid as expected or required- Troughton v MPC- Payment was not yet required as the driver had not completed his journey.

Vincent- Payment not yet expected, as D had made arrangements with the hotel that he would pay later.

Mens rea- Knowledge that payment is required on the spot- (If D believes the goods/services are on credit, there is no offence.

Dishonesty- Ghosh test. D will not be dishonest if there is a genuine reason for not paying.

Intention to avoid paying- Allen- D must intend not to pay permanently.

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