EXAM NOTES: Making off without payment Flashcards
What needs to be shown for a making off without payment offence?
s3 TA 1978 — NOTE DATE
(1) Making off
(2) Without having paid
(3) As required or expected
(4) Knowing payment is required
(5) With dishonesty
(6) With ITPD
what is the AR for making off (MO)
1) making off
2) without payment
3) which is required or expected
explain making off
• R v McDavitt
D ate a meal and then refused to pay. He started to leave but before he left the owner said he was calling the police. As he had not left the spot from which payment was required he had not made off
explain the ‘without payment’ element
• R v Hammond – paid with a cheque that bounced.
o Court held that he had not made off without payment because he put forward a form of payment which the shopkeeper accepted.
explain how payment must be required or expected
- Troughton v MPC – if the supplier of goods or services fails to perform an important part of his contract with D then no liability under s3 because payment not expected or required
what is the MR for making off?
- knowing payment on the spot is required from D
- dishonesty
- intention to avoid payment permanently
explain how D must make off knowing payment on the spot is required from D
• R v Brooks & Brooks
three people ate together and left separately. Each thought the other was meant to pay.
D argued she thought the other was to pay and that she did not think payment was required of her.
Therefore did not make off without payment
how is dishonesty determined for the purposes of s3 TA 1978?
Ghosh test
explain the intention to avoid payment permanently
• R v Allen – D stayed in a hotel for quite a long time and ran up a bill for £1000 then left. He then rang up the hotel and apologised, explaining he did not have the money and would pay them soon.
o Court held that if he intended to make up the payment at a later date he could not be charged with making off without payment.
