Making off without payment - Unit 4

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  • Created by: Carissa
  • Created on: 17-06-15 10:36
Defintion of Making off without payment (s.3 Theft Act 1978)
'A person who, knowing that payment on the spot is required for goods supplied or sevices done is required or expected, dishonestly makes off without havin paid as required or expected and with the intent to avoid payment'.
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Makes off
To leave the point at which payment was expected.
2 of 8
[Brooks and Brooks]
Said that the words 'dishonestly makes off' can be easily understood by the jury. One of the defendants honestly and genuinely believed her father would pay and therefore she was not dishonest.
3 of 8
[McDavitt]
Waited in the toilet for police to arrive and therefore did not make off.
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[Allen]
D left without paying. He explained his financial situation and left his passport as a security for the debt. He did not have intent to avoid payment, only to delay payment.
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[Troughton v MPC]
Defendant was taken to the police station by his taxi driver, V. Defendant not guilty as he had not reached his destination and therefore the service had not been 'done'.
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[Vincent]
An agreement about delayed payment that was made significantly prior to the time that payment would usually be required/expected is capable of defeating the expectation of payment on the spot.
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Dishonesty
[Ghosh] tests.
8 of 8

Other cards in this set

Card 2

Front

To leave the point at which payment was expected.

Back

Makes off

Card 3

Front

Said that the words 'dishonestly makes off' can be easily understood by the jury. One of the defendants honestly and genuinely believed her father would pay and therefore she was not dishonest.

Back

Preview of the back of card 3

Card 4

Front

Waited in the toilet for police to arrive and therefore did not make off.

Back

Preview of the back of card 4

Card 5

Front

D left without paying. He explained his financial situation and left his passport as a security for the debt. He did not have intent to avoid payment, only to delay payment.

Back

Preview of the back of card 5
View more cards

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