Case Law Making Off Without Payment

Created by: A Francis
Created on: 20-03-13 10:45

Section 3(1) Theft Act 1978 Making Off Without Payment

A person who 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 and with intent to avoid payment of the amount due shall be guilty

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Actus Reus of Making Off Without Payment

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

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Mens Rea of Making Off Without Payment

Dishonesty; Knowledge that payment on the spot is required; An intention to avoid payment

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McDavitt

The D must make off from the spot of which the payment is required; i.e leaves the scene

4 of 7

Troughton v Metropolitan Police

If a service is not completed then there is no offence

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Vincent

If the payment is not required or expected on the spot then the D has not committed an offence

6 of 7

Allen

The D must have an intention to avoid payment permanently

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Other cards in this set

Card 2

Front

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

Back

Actus Reus of Making Off Without Payment

Card 3

Front

Dishonesty; Knowledge that payment on the spot is required; An intention to avoid payment

Back

Card 4

Front

The D must make off from the spot of which the payment is required; i.e leaves the scene

Back

Card 5

Front

If a service is not completed then there is no offence

Back

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Case Law Making Off Without Payment