Making Off Without Payment Flashcards
Under what section of what act is making off without payment
S3 theft act
Definition
A person who, knowing that payment on the spot for any goods supplied/service done is required/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
Actus reus
That d makes off, without having paid as required or expected, for goods supplies or a service done
When does d make off
When d leaves the spot or place where payment is required
Does d have to leave the premises to make off and case
No, just the spot where payment is required
mcdavitt
When does d commit the offence where v permits d to leave the spot where payment is required for a temporary purpose
If he fails to return
What must d not have done
Paid on the spot as required/expected from him
What must the payment be of
The amount due
Which case states that payment must be due
VINCENT
TROUGHTON V MPC
when are goods supplied
Where v delivers them to d
What must the service b
Done it completed
What must the goods supplied or service be under s3(3) if the act
Lawful
Has an offence been committed if the supply of goods is unlawful
No
Mens rea
D must make off
- dishonesty
- knowing that payment on spot is required/expected from him
- with intent to avoid payment
Which test applies for dishonesty
GHOSH
