Making off without payment

• What section & Atct covers Making off without payment?

  Theft Act 1978 s3
• How does s3 of the Theft Act 1978 define Making off without payment?

  S 3(1) of the Theft Act 1978 states:

  • Subject to subsection (3) below, 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 shall be guilty of an offence.
• What are the 4 AR elements of the S3 Theft Act?

  1. Makes off
  2. Goods supplied or services done
  3. Without payment that is required or expected
  4. On the spot
• What is required for the first AR element: Makes off?

  • Must fully depart the spot
  • If departs with permission it is not making off
• What is the L.P of R v Brooks and Brooks?

  L.P: Held that the phrase ‘dishonesty makes off’ should be interpreted in its ordinary meaning
• For the second AR element, how are Goods & Services defined?

  • Goods: defined in Theft Act 1978 s 34(2)(b)
  • Services: not defined in statute BUT stated to be when V does a particular act and D takes advantage
• For Goods & Services, what does it not apply to?

  Does not apply to illegal goods and services
• What is covered for the third AR element: Without payment that is required or expected?

  • Covers both no payment and partial payments
  • Must be requirement for payment on the spot
• What are the three MR elements for s3?

  1. Dishonesty
  2. Knowledge that payment on the spot is required or expected (subjective test)
  3. Intention to avoid payment of the amount due