Fraud and Making Off

Question 1

Making off without payment:

Answer 1

S3 Theft Act 1978:

1. ) Payment must be due
2. ) D must know payment is expected or required of him on the spot
3. ) D must make off from the spot
4. ) D must be dishonest
5. ) D must intend to avoid payment

Question 2

Fraud:

Answer 2

Fraud Act 2006

S1-8 and S11

Question 3

R v Hall

Answer 3

Facts: D was convicted of handling stolen goods

L.P: Belief is short of knowing and knowledge is where D is told something by someone with first-hand knowledge

Question 4

R v Allen

Answer 4

Facts: -D left hotel without settling his bill, but he intended to pay his bill later when he could afford it

Judgment: Appeal allowed

L.P: -D must have intended to permanently default

Question 5

DPP v Ray

Answer 5

Facts: D and others consumed a meal intending to pay but changed their minds and left

Judgment: Guilty

L.P: -D represented to be a paying customer from eating and ordering bu deciding not to pay was an omission and therefore guilty

Question 6

Idrees v DPP

Answer 6

D made a false representation through P and was therefore guilty of false representation

Question 7

R v Barnard

Answer 7

Implied deception via his attire

Question 8

R v Gilbert

Answer 8

Must have intended to gain via the false representation made

Question 9

R v McDavitt

Answer 9

Hadn’t left restaurant yet

->, therefore, no “making off”

Question 10

R v Vincent

Answer 10

Facts: -D did not settle his bill in two different hotels
- Assured owners he was about to come into some money an then pay them and was allowed to leave on that basis

Judgment: Not guilty

L.P: -D was not making off
-The payment was no longer required on the spot