Obtaining services dishonestly Flashcards
What section of what Act is OSD defined in?
S11 of the Fraud Act 2006
What are the AR elements of OSD?
D obtains (by an act) A service (which requires payment) D fails to pay either in whole or in part for a service
What are the MR elements of OSD?
Knowledge that payment is/might be required
Intention that payment be avoided (in whole/part)
Dishonesty
How can OSD not be committed?
Via an omission
Give 2 examples of a service
A train journey
Broadband connection
What must be required from the service?
Payment
What test outlines dishonesty?
The Ghosh test
Give an example where D would not fulfill requirement to intend to avoid payment
If D intended to pay later on
All of the MR elements must coincide with the obtaining of the service, so when must D be dishonest and know that the service needs payment and intend not to pay?
At the time of obtaining services