The defendant must make off, when goods have been supplied or a service done, when payment on the spot is required, and the defendant has not paid
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The mens rea of making off without payment is
The defendant dishonestly (makes off), with knowledge that payment on the spot is required, and with an intention to avoid payment
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If the service is not complete then there is no offence, this can be seen in the case of
Troughton v Metropolitan Police
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In Troughton v Metropolitan Police what happened
The driver stopped to obtain directions from D, when he got no directions he driver drove to the nearest police station
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The defendant must have made off, and left the scene where payment was expected
McDavitt
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What happened in the case of McDavitt
D had a meal with some friends but refused to pay the bill. He started to leave but did not do so when he was told the police had been called.
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It must be proven that payment on the spot was required or expected, if it is not then the offence is not committed
Vincent
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The test for dishonestly comes from the case of
Gosh
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There must be an intent to permanently avoid payment
Allen
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In the case of Allen what happened
D left a hotel without paying his bill of £1,286. D claimed he genuinely expected to pay the bill and intended merely to defer payment until he received the proceeds of certain business deals.
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What section is making off under
S3 Theft Act 1978
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Other cards in this set
Card 2
Front
The mens rea of making off without payment is
Back
The defendant dishonestly (makes off), with knowledge that payment on the spot is required, and with an intention to avoid payment
Card 3
Front
If the service is not complete then there is no offence, this can be seen in the case of
Back
Card 4
Front
In Troughton v Metropolitan Police what happened
Back
Card 5
Front
The defendant must have made off, and left the scene where payment was expected
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