Obtaining services dishonestly

Question 1

Actus reus and mens rea

Answer 1

Actus reus

Obtaining services for himself or another
Without payment
Where payment is expected

Mens rea
Dishonestly
Knowing that services are made available on the basis that payment has been or will be made
Avoids or intends to avoid payment in full or part

Question 2

Services + cases

Answer 2

The term services is not defined but would include ordering a meal in a restaurant knowing you have no means to pay, obtaining data over the internet without paying

R v Sofroniou - D pretended to be various people in order to obtain banking services (could also be section 2)

Question 3

Without payment

Answer 3

D must obtain the services without any payment having been made. If part payment has been made, D must fail to make payment in full

Question 4

Where payment is expected:

Answer 4

Payment must be expected. If a service is feee, there cannot be an offence

Question 5

Dishonestly

Answer 5

Ghost test

Question 6

Knowing that services are made available on the basis that payment has been, is being or will be made

Answer 6

D must be aware that payment is expected.

Question 7

Avoids or intends to avoid payment in full or in part

Answer 7

D must intend to avoid payment for the service at the time that it is obtained. The payment must be to never make payment - R v Allen