Making Off Without Payment

Created by: Emma Brown
Created on: 27-08-13 14:26

s.3 Theft Act 1968

'a person who knows that payment on the spot for any goods or services rendered is required and dishonestly makes off without having paid with the intention to avoid payment.'

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R v BROOKES & BROOKES 1983

the term making off means 'to leave' there need not be anything sneaky about departing

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R v McDAVITT 1981

if a person is caught before they have left the spot they will be charged with attempt to make off without payment

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Without Payment

this is a question of fact, if the defendant pays with forged money then this is no payment

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Payment Required on the Spot

if payments or goods have been offered for free then no offence can have taken place, no matter how dishonest the defendant was in receiving the goods for free.

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R v VINCENT 2001

if the defendant enters an agreement to pay the payment at a later date then they have not committed the offence

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R v AZIZ 1993

'on the spot' does not mean a location - it is the liability that occurs once payment has arisen

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TROUGHTON v MPC 1987

if liability to make a payment has not arisen then no offence can have been committed

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Knowing that payment is required

if the defendant truly believes that no payment is necessary and the goods/services are free then there is no liability

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Dishonesty

should be given its ordinary meaning - no need to elaborate on it

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GHOSH TEST (if the defendant states they were not dishonest)

stage 1) the jury ask themselves if in the eyes of the reasonable, ordinary man was it dishonest? IF IT WAS stage 2) the jury must decide whether the defendant knew it was dishonest by those standards.

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Other cards in this set

Card 2

Front

the term making off means 'to leave' there need not be anything sneaky about departing

Back

R v BROOKES & BROOKES 1983

Card 3

Front

if a person is caught before they have left the spot they will be charged with attempt to make off without payment

Back

Card 4

Front

this is a question of fact, if the defendant pays with forged money then this is no payment

Back

Card 5

Front

if payments or goods have been offered for free then no offence can have taken place, no matter how dishonest the defendant was in receiving the goods for free.

Back

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Making Off Without Payment