Making off without payment

Question 1

Where is MOWP from?

Answer 1

S3 of Theft act 1978

Question 2

Whats the AR for MOWP?

Answer 2

Payment on the spot for any goods supplied or services done and making off

Question 3

What is meant by Payment required or expected?

Case

Answer 3

Need to establish that payment was required when the goods received.
R v Vincent- discussed terms of paying hotel a week later and was agreed, court held no making off as agreement was made to pay the goods/ services late.

Question 4

What is making off?

case

Answer 4

If D must leave the premises where the payment is required.

R v McDawitt - Argument over payment in the restaurant He stayed on premises. Court held that NO making off.

Question 5

Whats the MR the MOWP?

Answer 5

Knowledge that payment on the spot is required, Dishonesty, And intention to avoid payment.

Question 6

What is meant by knowledge that payment is required?

Answer 6

Court must be satisfied that payment on the spot was reuired

Question 7

What is the test for dishonesty?

Answer 7

Ghosh test:

1. Public thinking it is dishonest
2. Does D consider what he or she did was dishonest by the standards of reasonable ordinary people

Question 8

What is meant by Intention to avoid payment?

case

Answer 8

The intent must be permanently to avoid payment
R v Allen= Agreed he would pay in the near future.
Held no making ff as he was not intending to avoid payment forever.