Where is the offence of making off without payment contained?
S3 Theft Act 1978
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What is the first element of making off without payment?
The defendant makes off (from the point at which payment is expected)
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What was held in the case of McDavitt?
The defendant has not made off because he was prevented from leaving the spot at which payment was expected.
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What is the second element of making off without payment?
Goods supplied/service done
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What was held in the case of Troughton (1987)?
The defendant’s conviction for making off without payment was quashed because the service was not complete as he had been taken to the police station instead of being taken home.
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What does s3(1) of the Theft Act 1978 say?
The subsection shall not apply where the supply of goods or doing of the service is contrary to law (drugs and prostitution).
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What is the third element of making off without payment?
Payment on the spot is required and the defendant fails to pay
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What was held in the case of Vincent (2001)?
The defendant was found not guilty of making off without payment because payment was not expected at a particular spot as the defendant had made arrangements to pay at a later point.
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What is the fourth element of making off without payment?
Dishonesty
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What is the Ghosh test?
1. Would the defendant’s behaviour be regarded as dishonest by the standards of a reasonable and honest people? 2. Was the defendant aware his conduct would be regarded as dishonest by a reasonable and honest person?
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What is the fifth element of making off without payment?
Knowledge that payment is required/expected on the spot
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What is the sixth element of making off without payment?
Intention to permanently avoid payment
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What was held in the case Allen (1985)?
The defendant was not convicted of making off without payment because it was proven he had not permanently intended to avoid payment, he intended to return at a later point and pay.
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Other cards in this set
Card 2
Front
What is the first element of making off without payment?
Back
The defendant makes off (from the point at which payment is expected)
Card 3
Front
What was held in the case of McDavitt?
Back
Card 4
Front
What is the second element of making off without payment?
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