Bilking Flashcards
What is bilking?
Section 3 of the Theft Act 1978 covers the offence of making off without payment; or as it’s more commonly called, Bilking.
An offence of ‘bilking’/ making off without payment/ is often lumped with a number of fraud offences such as fraud by false representation. So why isn’t it covered in the Fraud Act?
That’s because there needs to be some sort of dishonest representation in fraud.
As you will see from the definition for bilking the person obtaining the service must have to pay at the time they receive it but then after receiving the service, decides to not pay and make off without payment.
As there was no dishonest representation at the time they obtained the service, a fraud isn’t made out. Hence why it is not included in the Fraud Act.
The offence only applies to situations where ‘on the spot’ payment is expected for goods or services.
True
Actus reus of making off without payment
Makes off
Without payment
Payment required or expected on the spot
Goods or services done
I have a customer account with the garage, so I can’t commit the offence of bilking if I drive off without paying for my fuel.
True
You attend a hairdressers where you believe your friend is the manager. They always give you a free haircut. This time someone else cuts your hair and you leave making no attempt to pay. It later transpires that your friend has been fired and the shop is under new management so they can no longer give out free haircuts. In this situation bilking has been committed.
False
Chris is out shopping with his 5 year old daughter. Whilst they are in the shop, his daughter picks up a teddy. Chris doesn’t see this and they walk out the shop. Half an hour later Chris notices that his daughter is holding the teddy and realises what has happened. Chris has a think about what to do and decides it would be too much effort to go back to the shop so he lets his daughter keep it.
Which of the following statements is true regarding Chris’s actions?
Chris is guilty of theft because although he came by the property innocently, his later assumption of the rights of the owner (letting his daughter keep it) amounts to appropriation
Section 3 of Theft Act 1978 officially states.
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 or expected and…
…with intent to avoid payment of the amount due shall be guilty of an offence.
(3)Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
