Obtaining services dishonestly Flashcards

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1
Q

What section of what Act is OSD defined in?

A

S11 of the Fraud Act 2006

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2
Q

What are the AR elements of OSD?

A
D obtains (by an act)
A service (which requires payment)
D fails to pay either in whole or in part for a service
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3
Q

What are the MR elements of OSD?

A

Knowledge that payment is/might be required
Intention that payment be avoided (in whole/part)
Dishonesty

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4
Q

How can OSD not be committed?

A

Via an omission

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5
Q

Give 2 examples of a service

A

A train journey

Broadband connection

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6
Q

What must be required from the service?

A

Payment

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7
Q

What test outlines dishonesty?

A

The Ghosh test

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8
Q

Give an example where D would not fulfill requirement to intend to avoid payment

A

If D intended to pay later on

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9
Q

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?

A

At the time of obtaining services

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