Making Off Without Paying

Question 1

What section of law covers making off without payment?

Answer 1

Section 3 of the Theft Act 1978

Question 2

What offence would filling up with petrol and knowingly driving off without paying be?

Answer 2

Making off without paying under section 3 of the Theft Act 1978

Question 3

What is making off without paying?

Answer 3

When a person dishonestly makes off without paying for services or goods where there is a clear expectation or requirement of payment

Question 4

Does making up without payment require just the guilty act just the guilty mind or both?

Answer 4

Both the guilty act (actus reus) AND the guilty mind (mens reas)

Question 5

What are the components of the guilty act of making off without payment?

Answer 5

1. Making off i.e. leaving, 2. Without payment 3. Where payment is required or expected on the spot 4. For goods / services done

Question 6

What are the elements of the guilty mind of making off without paying?

Answer 6

1. Knowledge that payment is required or expected on the spot, 2. Dishonesty, 3. Intention to avoid payment

Question 7

What is the test for dishonesty to be applied by juries?

Answer 7

Firstly they will consider the defendants knowledge or belief as to what was going on i.e what made the defendant act as they did
Then they will apply the standards of ordinary reasonable people to judge that behaviour.
In essence, would an ordinary reasonable person act as the defendant did based on the knowledge, beliefs and facts the defendant had

Question 8

What was the affect of the Theft Act 1978 on the Theft Act 1968?

Answer 8

The Theft Act 1978 replaces parts of S16 of the Theft Act 1968 with other provisions against fraudulent conduct

Question 9

What does section 3 of the Theft Act 1978 state?

Answer 9

A person who, knowing that payment on the spot for any goods supplied or service done is required or expected of him, dishonesty makes off without having paid as required or expected and with intent to avoid payment of the amount you shall be guilty of an offence

Question 10

If someone buys illegal drugs but then runs off without paying is this making off without payment?

Answer 10

No as it is only an offence when the supply of goods is not contrary to law

Question 11

What goods or services does the offence of making off without paying NOT apply to?

Answer 11

The supply of goods, or the doing of services, which are contrary to law (I.e. illegal drugs) or not legally enforceable

Question 12

What type of offence is making off without paying?

Answer 12

An either way offence (magistrates court or Crown Court)

Question 13

What are the sentencing guidelines for making off without paying?

Answer 13

• up to 2 years in prison at Crown Court or
• up to 6 months or a fine or both in magistrates court

Question 14

If the defendant is caught before leaving the spot where payment was due has making off without payment being committed?

Answer 14

No if they are caught before leaving the spot the correct charge would be an attempt to make off without payment

Question 15

If someone claims another person has taken their watch what needs to be established for distinguishing between theft and making off without payment?

Answer 15

In making off without paying at the time the property was given it was consensual whereas in theft the exchange of property wasn’t consensual

Question 16

In terms of payment on the spot is this geographically restricted?

Answer 16

No, there is no geographical location for payment on the spot for the offence of making off, there is simply a requirement that liability to make payment has arisen

Question 17

If someone pays with forged money for goods and then leaves have they committed a guilty act of making off without paying?

Answer 17

Yes. Without payment is a matter of fact if they pay with forged money then no payment has been made however they may not have done this dishonestly or with the intention to avoid payment (guilty mind)

Question 18

If goods are offered for free, even if a person has dishonest intentions, could an offence of making of without payment be committed?

Answer 18

No. As no payment was required or expected.