Obtaining Services Dishonestly

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Obtaining Services Dishonestly

* Obtaining services dishonestly is found under S11 of the Fraud Act 2006

* 'A defendant is guilty of the offence of obtaining services dishonestly if he obtains services for himself or another, by a dishonest act, on the basis that payment will be made, and the service must actually be obtained.'

Actus Reus:

* Obtains

* Services

* Not paid for/Not paid in full

Services:

Services are not defined by the act, but the act gives examples of situations where services are obtained. ' Usinf a False Credit Card on the Internet' 'Climbing over a wall to watch a football game' 'Using a false buss pass to get free or reduced prices' 'Claiming your under 14 to get cheaper admission for example to the cinema'

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Mens Rea:

Dishonestly:

This is not defined in the act but is likely to be the Ghost Test (A reasonable Man would see this act as dishonest, and the defendant knows the act is dishonest by those standards)

Knowledge:

The defendant must have knowledge that payment is expected for the services

Intention not to Pay:

Prosecution must prove that the defendant intended not to pay or not to pay in full for the services. However, if the defendant thought that someone else had already paid he would not be guilty for the offence

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