Making off without payment Flashcards
In what section of what Act is MOWP defined in?
S3 of the Theft Act 1978
Give some examples which would fall within MOWP
Leaving a salon without paying
Running off without paying for a taxi
Travelling without a ticket
Leaving an insufficient amount of money to pay for goods
Define MOWP as per S3 of TA 1978
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 required or expected, and with intent to avoid payment of the amount shall be guilty of an offence
What are the AR elements of MOWP?
Goods supplied/services done
Making off from the spot
Failure to pay as expected/required
What are the MR elements of MOWP?
Knowledge that payment is required on the spot
Dishonesty
Intention to avoid payment
What do the ‘goods or services’ have to be as said under S3?
Legally enforceable
Define ‘make off’
Departure from the spot where payment was required
What case sets out ‘make off’
Brooks and Brooks
Which case outlines ‘from the spot where payment is required’
McDavitt and Moberley v Alsop
Which case outlines ‘without having paid and expected or required’?
Troughton and Vincent
Why was payment not yet expected of Vincent?
Due to the arrangements made with the hotel that D would pay later
What test outlines dishonesty?
the Ghosh test
Which case outlines intention to avoid paying?
Allen
For how long does D have to intend not to pay?
To permanently avoid payment
