Obtaining Services Dishonestly - Lecture 9 PDF

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Summary

Obtaining Services Dishonestly 2013Section 1 Theft Act 1978 has been abolished. There is a new offence of dishonesty obtaining services under Section 11 Fraud Act 2006.S Obtaining Services Dishonestly: (1) A person is guilty of an offence under this section if he obtains services for himself or anot...

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Obtaining Services Dishonestly 2013 Section 1 Theft Act 1978 has been abolished. There is a new offence of dishonesty obtaining services under Section 11 Fraud Act 2006. S.11 Obtaining Services Dishonestly: (1) A person is guilty of an offence under this section if he obtains services for himself or another(a) By a dishonest act, and (b) In breach of subsection (2) (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 (c) When he obtains them, he knows(i) That they are being made available on the basis described in paragraph (a) or (ii) That they might be, but intends that payment will not be made, or will not be made in full Actus Reus: The D by an act obtains services for himself or another, in breach of S.11 (2) (a) and (b) above. I.E for which payment is or will become due and for which he fails to pay in part or in full. Obtaining free services is excluded. ‘Services’ is not defined in the FA Act.

Mens Rea: 1. Dishonesty – The Gosh [1982] test needs to be applied 2. The defendant knows that the services are being made available on the basis that payment has been or knowing they might have to be paid for 3. The defendant intends that payment will not be made, or will not be made in full

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Criminal Law – Year 2!...