9084 · 2.2.6
Making off without payment as defined in s3 Theft Act 1978 flashcards
Revision flashcards for Cambridge 9084 Making off without payment as defined in s3 Theft Act 1978 (syllabus 2.2.6). Flip, recall, then mark a real past-paper question.
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s3 making off definition?
Dishonestly makes off without having paid as required or expected for goods supplied or service done.
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Making off from the spot?
Leaving the place where payment is due — not necessarily fleeing (*R v McDavitt*: leaving hotel room without paying).
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Payment on the spot?
Payment expected at time of supply/service — not credit arrangements (*R v Aziz*: regular customer on account).
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Dishonesty?
Ivey two-stage test — ordinary standards, then whether D realised.
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Difference from theft?
No appropriation of property belonging to another required — focuses on leaving without paying for supplied goods/services.
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R v Allen?
Leaving restaurant without paying — classic making off scenario where service has been consumed.
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What are the three elements of the actus reus for making off without payment?
1. The defendant makes off (departs). 2. From the spot where payment is required or expected. 3. For goods supplied or a service done, without having paid.
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What are the three elements of the mens rea for making off without payment?
1. Knowledge that payment on the spot is required or expected. 2. Dishonesty (judged by the Ivey test). 3. An intention to avoid payment permanently (as per R v Allen).
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What is the legal principle from R v Allen (1985)?
For the offence of making off without payment, the defendant must have an intention to avoid payment permanently. An intention to merely delay payment is not sufficient.
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How did R v Vincent (2001) clarify the requirement for payment 'on the spot'?
The case established that if the defendant makes an agreement with the owner/provider to pay at a later date (i.e., is given credit), they have not made off without paying 'as required or expected on the spot'. Therefore, the offence is not committed.
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Why is making off without payment a separate offence from theft?
It was created to cover situations where ownership of property has already passed to the defendant (e.g., after eating a meal or receiving petrol). In such cases, the property no longer 'belongs to another', so a charge of theft under the Theft Act 1968 would fail.