Making Off Without Payment Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Under what section of what act is making off without payment

A

S3 theft act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition

A

A person who, knowing that payment on the spot for any goods supplied/service done is required/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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Actus reus

A

That d makes off, without having paid as required or expected, for goods supplies or a service done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When does d make off

A

When d leaves the spot or place where payment is required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Does d have to leave the premises to make off and case

A

No, just the spot where payment is required

mcdavitt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When does d commit the offence where v permits d to leave the spot where payment is required for a temporary purpose

A

If he fails to return

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What must d not have done

A

Paid on the spot as required/expected from him

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What must the payment be of

A

The amount due

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which case states that payment must be due

A

VINCENT

TROUGHTON V MPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

when are goods supplied

A

Where v delivers them to d

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What must the service b

A

Done it completed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What must the goods supplied or service be under s3(3) if the act

A

Lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Has an offence been committed if the supply of goods is unlawful

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Mens rea

A

D must make off

  • dishonesty
  • knowing that payment on spot is required/expected from him
  • with intent to avoid payment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which test applies for dishonesty

A

GHOSH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does d have to be dishonest say when ordering the meal or beginning to fill car up with petrol

A

No

17
Q

Would d be dishonest in refusing to pay for goods/derive genuinely believed to be deficient

A

Question for jury but no

18
Q

Is d guilty if he doesn’t know payment is required

A

No VINCENT

19
Q

Why does d not commit offence where he believes payment is to be made by another

A

He neither acts dishonestly nor does he know that payment is required of him

20
Q

What did the case of Allen hold

A

D must have no intention of ever paying