Obtaining services and making off without payment

• What section is Obtaining services dishonestly and making off without payment found?

  section 11 of the Fraud Act 2006
• How does s11 define Obtaining services dishonestly and making off without payment?

  (1) A person is guilty of an offence under this section if he obtains services for himself or another—

  • (a) by a dishonest act, and
  • (b) in breach of subsection (2)
• How does subsection 2 (c) cover the necessary intention for D?

  (i) that they are being made available on the basis described in paragraph (a), or

  (ii) that they might be, but intends that payment will not be made, or will not be made in full
• What are the 3 AR elements for Fraud s11?

  1. By an act obtained for himself or another
  2. Services (different from other offences as they need to be obtained)
  3. Without payment when payment is expected
• What are the 3 MR elements for Fraud s11?

  1. Dishonesty (Ivey test)
  2. Knowledge that the services are provided on the basis of payment (need to know that payment is required)
  3. Intention to avoid payment in full or in part