Making off without payment PDF

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Making off without payment- Theft Act 1978...

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Making off without payment - Theft Act 1978 S.3 (1) … a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence. Eg restaurant, hair salon, filling up petrol *matching appropriation with MR ?? ● Payment on the spot Troughton (1987) Ct hails taxi to Highbury, D was drunk in taxi, said will show exact location at Highbury later - drunken D started excusing taxi driver of deliberately taking longer route to increase the price - taxi driver got fed up, D didn't want to pay, so he drove D to police station in Highbury Ques: did he make off without giving payment on the spot? Court held: in favour of D (even though probably sympathize with taxi driver); due to pay taxi fare when arrive at intended destination; when contract is complete despite D being complete nightmare [read judgment!] MAKING OFF MR: requires proof of the following mental elements a) knowledge that payment on the spot is required or expected b) dishonesty (Ghosh & Ivey) c) intent to avoid payment of the amount due ● Intent to avoid payment of the amount due Allen - stayed at hotel and didn't pay COA: intent to avoid Permanently; quashed conviction Vincent (2001) @ Windsor Langton House - D stayed a week & left without paying Bricklayers Arms - D stayed a month & left having only partly paid D claimed to have got agreement at both places that he would pay/in full at dates

after his departure. “Im waiting to be paid by a newspaper/TV company for work I did” Trial judge (lower court) : Hon Mary Mowat “Agreement to postpone payment by conning and manoeuvring. If no genuine agreement in good faith on both sides, must revert to normal requirement that payment be made on the spot” COA: strikes lower court down Pill LJ: fact that agreement to defer payment was dishonestly obtained did not reinstate expectation of payment on the spot (court keeps this within technical bounds because Theft Act has been construed so widely)

Obtaining services dishonestly - Fraud Act s11 *services NEED to be obtained (unlike typical fraud where you didn't need to obtain/deceive anyone) AR: knowledge element - obtain services which D knows costs money - then does not pay in full MR: dishonesty - by doing or saying sth dishonest - cannot be carried out by omission - having intended to not pay/ in full S11 (2) A person obtains services in breach of this subsection if— (a) they are made available on the basis that payment has been, is being or will be made for or in respect of them, (b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

Basically the MR the Act is trying to catch:...