Making Off Without Payment Flashcards
(15 cards)
Making off without payment AR
The defendant makes off
Goods have been supplied or service has been done
Payment is required on the spot
The defendant has not paid as required
Making off without payment MR
Dishonesty
Knowledge that payment on the spot is required
Intention to avoid payment
The defendant makes off
R v McDavitt
R v McDavitt (restaurant, refuse to pay, stay in toilet till police come)
The defendant must leave the place where payment was expected to be guilty
The defendant here did not leave the place, hence he was found not guilty
Goods have been supplied or service has been done
Troughton v Metropolitan Police
Troughton v Metropolitan Police (taxi driver, did not reach destination, sent passenger to police station)
There is no offence until the contract is completed
Payment is required on the spot
R v Wilkinson
R v Victor
R v Wilkinson (taxi driver, sent passenger back to original pick up location)
Payment on the spot does not become required until the goods or services have been provided
R v Vincent (2 hotel, didn’t pay, will pay afterwards)
Offence is not committed if cannot prove payment on the spot was required/expected
The defendant has not paid as required
Question of fact
Full payment is required, if not, guilty of offence
Dishonesty
R v Barton and Booth
Knowledge that payment on the spot is required
no case law
Intention to avoid payment
Intention to permanently avoid payment - R v Allen
R v Allen (stayed at hotel, didn’t pay, intend to pay afterwards)
The defendant was found not guilty as he was proved that he did not intend to avoid payment forever
Sentencing
Triable-either way offence
Max 2 year imprisonment (Crown Court)
