Chapter 20: Offences against property - Making off without payment Flashcards
What is the provision for making off without payment?
Section 3 of the Theft Act 1978
What is there to note about this topic in regards to the other offences under this Act?
This is the only offence under property under Theft Act 1978 (not 1968)
What is the sentencing for this offence?
Up to maximum 2 years
What type of offence is this?
Triable either way offence
What is a sidenote about this topic and Fraud Act 2006?
- This section is a ‘backup’ provision to Section 11 Fraud Act 2006
- Section 11 is only for services
- Section 3(1) is both good & services
What is the provision that states the definition of Making off Without Payment?
Section 3 - “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 the payment of the amount due shall be guilty of an offence.”
What are the 5 Sections that the Fraud Act 2006 have abolished regarding deception, from the Theft Act?
- Section 15
- Section 15A
- Section 16
- Section 1
- Section 2
What are the 4 elements of making off without payment?
Actus reus
- D makes off without paying as required or expected (no need deception or stealth) – Brooks and Brooks [1983]
Mens rea
- Dishonesty;
- Knowing that payment on the spot for goods or services is required;
- Intention to avoid payment of the amount
What are the 4 elements for ‘Making off without payment as required or expected’?
- If D leaves with owner’s consent
- The spot where payment is required
- Good supplied or services done
- Without paying as required or expected
What are the 2 cases for ‘D makes off without paying as required or expected’
DPP v Ray [1973]
Troughton v MPC [1987]
DPP v Ray [1973]
Makes off without payment
Facts
- D went to restaurant and ordered meal intending to pay
- After the meal decided not to pay as he has insufficient money
- Continued to represent that he was an honest customer by remaining seated
- When waiters weren’t around he ran out without paying
Held
- COA held that it was misrepresentation as there was deception
Takeaway
- There was no Theft Act in 1973, so they used the same principle, but under different Act
- Although not, there is no need for deception
Note
- Today, D will be convicted of Section 3(1) Theft Act 1978
Troughton v MPC [1987]
Makes off without payment
Facts
- Taxi failed to drive to correct destination
- D made off without payment
Held
- Taxi driver breached the contract and was in no position to demand payment on the spot
Takeaway
- Since the contract was not fulfilled by the contractor, then it was allowed to take off without payment
What if the D leaves with the owner’s consent - would this satisfy the 1st element?
What case provides this?
IMPORTANT
Vincent [2001]
Vincent [2001]
IMPORTANT
Making off without payment - owner’s consent
Facts
- D argued there was no obligation to pay on the spot as D negotiated and obtained agreement for deferred payment method
- It was counter argued by prosecution that the agreement was obtained dishonestly
Held
- Held making off without payment was not committed if the supplier consents to D leaving without payment
- Even if consent is obtained by fraud
Note
- In my opinion, Vincent was decided wrongly, as the whole point of the statue is to charge for making off without payment
- Regardless of deception or dishonesty
What is meant by the ‘spot’ where payment is required?
What are the 2 cases for this?
Introduction
The “spot” is really significant as it will determine the extent whether D committed a full offence or just attempt
Spot can be anywhere payment is required
Case
- R v MacDavitt [1981]
- R v Aziz [1993]
R v MacDavitt [1981]
spot where payment is required
Facts
- D apprehended as he went out of the door of the restaurant
Held
- Could be convicted of attempting to make off without payment
- Spot was held to be the restaurant
R v Aziz [1993]
spot where payment is required
Issue
- Taxi ride
General rule
- Spot will normally be the agreed destination
Exception
- If D refuses to pay and sets off to police station, D is making off when he gets out and runs off
What is goods supplied or services done?
Making off without payment can include for both goods and services
What is meant by ‘without payment as required or expected’?
Where D does not pay at all, pays different currency, or with metal piece, he clearly has not paid as required/expected
What must be spoken about the dishonesty element?
- Dishonesty is not statutorily defined in this Act
- So go to common law to get the definition, as in Ivey v Genting Casinos
- Where the test is to use the objective test (reasonable man)
What is ‘Knowing that payment on the spot for goods or services is required’?
Having the knowledge that payment on the spot for goods or services is required;
What is ‘Intention to avoid payment of the amount’?
Intent must be cultivated/premeditated
What is the case for Intention to avoid payment?
Allen [1985]
Allen [1985]
intention to avoid payment
Facts
- D stayed in hotel and then left without payment
- He claimed he intended to settle the hotel bill in the near future he when he received funds
Held
- HOL held that ‘intent to avoid payment’ meant D intended to avoid payment permanently and not temporarily
- Delay in payment did not satisfy requirements under Section 3(1) Theft Act 1978
Takeaway
- Even though he intended to pay back, the courts saw it as permanently avoiding to pay
