Cases and sections for Making Off Without Payment

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What section of the Theft Act 1978 is making off without payment is defined under?
S.3
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What does s.3(3) define?
It defines that the service must be legal
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What happened in the case of McDavitt?
D refused to pay the restaurant bill after an argument and stayed in the toilet
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Why was McDavitt found not guilty?
Because he had not made off from the restaurant- d has to make off from the spot
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What is the case where going out the back or front door is past the spot where payment is expected?
Brooks & Brooks
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Why was D not guilty in this case?
Because D could not prove the MR as she thought her friend was going to pay the bill
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What happened in the case of Troughton v Met Police?
Where d was drunk and could not give his address to the taxi driver, and following an argument, the driver drove him to the police station and d run off
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Why was d found not guilty?
He was found not guilty because he had not made off from the spot where payment was expected
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What is the case that contrasts Troughton v Met Police?
Aziz
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What happened in the case of Aziz
D refused to pay the full taxi fare, so the taxi driver drove him to a police station
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What did this case confirm?
It confirms that the 'spot' is not necessarily the final destination, so he was found guilty
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What was the case where d persuaded hotel owners by deception, to postpone payment but he did not pay them?
Vincent
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Why was d found not guilty in this case?
Because he obtained permission to pay at a later date, so the payment was not expected on the spot
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What is the case that contrasts this?
Allen
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What happened in this case?
D left the hotel without paying, but left his belongings, and offered to pay as soon as he had the money when he would return to collect his stuff
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Why was d found not guilty?
Because he did not intend to permanently avoid payment
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Card 2

Front

What does s.3(3) define?

Back

It defines that the service must be legal

Card 3

Front

What happened in the case of McDavitt?

Back

Preview of the front of card 3

Card 4

Front

Why was McDavitt found not guilty?

Back

Preview of the front of card 4

Card 5

Front

What is the case where going out the back or front door is past the spot where payment is expected?

Back

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