Making off Without Payment

Question	Answer
Where does the definition of making off without payment come from?	S3 Theft Act 1978
What are the actus reus elements of making off without payment?	Makes off Goods or services dones Payment required on the spot Defendant has not paid
What are the mens rea elements of making off without payment?	Dishonestly Knowledge that payment is requird on the spot Intention to avoid payment.
What is the law on makes off?	Leaving the scene where payment was expected.
What case supports the law on makes off?	McDavitt
What is the law on good or services done?	The service has to be complete.
What case supports goods or services done?	Troughton v MPC
What is the law on payment is required on the spot?	If you made alternative arrangements you are bound to those arrangements - Vincent
What is the law on the defendant has not paid?	Whether or not D has paid.
What is the law on dishonestly?	Uses the Ghosh test
What are the two questions of the Ghosh test?	1. Would a reasonable person have seen the defendants actions as dishonest? 2. Was the defendant aware that his actions were dishonest?
What is the law on knowledge that payment is required on the spot?	The defendant has knowledge that payment is required on the spot.
What is the law on intention to avoid payment?	Intention to permanently avoid payment - Allen

Resource summary

	Created by Joanne North about 8 years ago