Chapter 19-Making off without payment Flashcards
what does the Theft act state about this offence and which section does it fall
Section 3
-A person is guilty with making off without payment if the have knowledge that payment on the spot is required and dishonestly makes off without having paid when required to with the intent to avoid it
What does ‘Payment on the spot’ mean in this section
-it means that payment is required at the time of collecting goods or on which a service has been completed.
which are the 4 elements that fall under actus reus
-defendant makes off
-Goods have been supplied or service is done
-payment is required on the spot
-the defendant has not paid when required to
Describe the case of R v McDavitt
the defendant had an argument with the manager of a restaurant and refused to pay the bill. he was about to take off however he could not as the police were on their way, so hid in the toilet until they arrived.
Describe the case of Troughton v Metropolitan police
-A taxi driver agreed to drive the drunk defendant home, however he stopped somewhere to look for directions and the defendant accused him for increasing the fare, the driver took the defendant to the station, showing that the service of taking him home was not complete
Describe the case of R v Vincent
The defendant stayed at 2 hotels and did not pay as he said he will pay once he could. and this meant that payment on the spot was NOT required hence the conviction was quashed.
what is the mens rea of this offence
-Intent to avoid payment
-dishonesty
-belief that payment on the spot is required
Describe the case of R v Allen
The defendant owed a payment to the hotel he stayed in and he left without paying. However he said he will pay once he receives some money from his job and his conviction was quashed.
Maximum sentence imprisonment
2 years
