Making Off Without Payment

Question 1

Definition

Answer 1

Defined in section 3(1) Theft Act 1978

Question 2

Elements

Answer 2

Actus reus
Good supplies or services done
Makes off from the spot
Fails to pay on the spot as required

Mens rea
Dishonesty - ghosh test
Knows that payment on the spot is required

Question 3

Goods suppliers or services done

Answer 3

Good must be delivered to D or D must be allowed to take them,e.g petrol from a garage. When goods are taken, both theft and making off without payment have been committed

Where services are involved, those services must be done

The service or goods supplied must be legal. Supplying alcohol to an underage person would mean the person is guilty of theft if they did not pay

Question 4

Makes off from the spot

Answer 4

Just means leaving

Departure must be dishonest - Brooks v Brooks. D1 ran off from a restaurant and D2 tried to leave but was caught. Court said dishonestly makes off are words easily understandable by any jury

It is up to the jury to decide where the spot is - McDavitt D attempted to leave the restaurant without paying, didn’t actually leave only attempted to