Making off Without Payment

Question 1

Legislation

Answer 1

Section 3 Theft Act 1978

Question 2

Section 3 Theft Act 1978

Answer 2

‘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 payment of the amount due shall be guilty of an offence’

Question 3

Items contrary to law

Answer 3

• making off without payment does not apply when the goods or services involved are contrary to law
• e.g., making off without paying for a controlled substance

Question 4

Actus Reus (the guilty act)

Answer 4

• actually leave / depart without paying
• without payment (includes forged money)
• on the spot (cannot be established if the goods were offered for free, or payment was deferred)

Question 5

Men’s Rea (the guilty act)

Answer 5

• the defendant believes the goods/ services are provided for free
• test for dishonesty by judge
• prove intent to permanently avoid payment