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Criminal | Offences Against Property

Making Off Without Payment: Actus Reus

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Making Off Without Payment : Actus Reus

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Theft Act 1978 (TA)

  • S3(1) TA: .. a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due...

Goods or services:

  • goods supplied: delivered / self service
  • services done: repairs / supply meal / renting / use of facility
  • S3(3) TA: illegal unenforceable

Makes off from the spot:

  • departure must be dishonest (Brooks & Brooks)
  • spot: area controlled by person owed payment (McDavitt)

Not paying

  • payment required or expected
  • false representation to avoid immediate payment sufficient
  • if agreement to pay later made considerable time before due / defeats on the spot (Vincent)
bits of law
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