Flashcards
Making off Without Payment
Flashcards do conjunto (13)
- 1Where does the definition of making off without payment come from?S3 Theft Act 1978
- 2What 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 - 3What are the mens rea elements of making off without payment?Dishonestly
Knowledge that payment is requird on the spot
Intention to avoid payment. - 4What is the law on makes off?Leaving the scene where payment was expected.
- 5What case supports the law on makes off?McDavitt
- 6What is the law on good or services done?The service has to be complete.
- 7What case supports goods or services done?Troughton v MPC
- 8What is the law on payment is required on the spot?If you made alternative arrangements you are bound to those arrangements - Vincent
- 9What is the law on the defendant has not paid?Whether or not D has paid.
- 10What is the law on dishonestly?Uses the Ghosh test
- 11What 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? - 12What is the law on knowledge that payment is required on the spot?The defendant has knowledge that payment is required on the spot.
- 13What is the law on intention to avoid payment?Intention to permanently avoid payment - Allen