making off without payment

making off without payment

1. Definition : s3 Theft Act 1978, a person who knowing that payment on the spot for any goods supplied or services done is required or expected of 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.

   • R v Greenburg - the offence was created to stop situations like this when because the petrol had mixed with the existing petrol in a persons car it was now their property meaning people could easily just drive off with free fuel.

2. makes off : when the defendant leaves the scene where payment is expected, hiding away is not enough.

   • Mcdavitt

3. any goods supplied or services done : if there is no completed service then theres no offence as shown in the case of troughton V met police.

4. payment is required on the spot: this is not always the case if beforehand the defendant has organised to pay at another time.

   • R v Vincent

5. Dishonesty

   • 1) would a reasonable person consider the d's actions dishonest ?
   • 2) did d realise he was being dishonest?
   • GHOSH test

6. Intention to permanently avoid payment

   • Allen : only evaded payment of a hotel bill for a short time