9084 · 2.2.6
Making off without payment as defined in s3 Theft Act 1978
Making off is leaving a place where payment is expected without paying, dishonestly and knowing payment is required on the spot.
Need to know
What you need to know
- The actus reus requires the defendant to 'make off' from the spot where payment is due.
- The 'spot' is the specific point of payment, not the entire premises.
- R v McDavitt (1981) established that a defendant must actually depart from the point of payment.
- Moving towards an exit without leaving the 'spot' is not sufficient to constitute the actus reus.
Explanation
Leaving without paying
- Goods supplied or service done.
- Payment expected on the spot.
- D makes off — leaves without paying.
- Dishonesty — Ivey two-stage test.