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Criminal | Offences Against Property

Making Off Without Payment: Mens Rea

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Making Off Without Payment: Mens Rea

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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...


  • makes off dishonestly
  • Ghosh test part 1: objective / would reasonable & honest person regard D's conduct as dishonest?
  • Ghosh test part 2: subjective / D aware that his conduct would be regarded dishonest by a reasonable & honest person?

Knowing payment required or expected:

  • usually obvious / may also rely on normal relationship

Intent to avoid payment:

  • evade / never pay (Allen)
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