正在編輯用戶:Hinnia/Fraud （章節）

== Related Offence 1: Making Off Without Payment – Theft Act 1978, s 3 ==

=== Statutory definition ===
Section 3(1) Theft Act 1978:

* A person commits the offence if, '''knowing''' that '''payment on the spot''' for goods supplied or services done is '''required or expected''', they:
** '''Dishonestly make off''' without having paid '''as required or expected''', and
** Do so '''with intent to avoid payment''' of the '''amount due'''.

Section 3(2):

* “Payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

Section 3(3):

* The offence does not apply where:
** The supply of goods or doing of the service is '''contrary to law'''; or
** The service is such that payment is '''not legally enforceable'''.

=== Actus reus ===
Key elements:

* '''Goods supplied or service done''', for which payment on the spot is '''required or expected'''.
* D '''makes off''' (leaves).
* D does so '''without paying as required or expected'''.

“Payment on the spot”:

Case:

* '''Troughton'''  Crim LR 138
** D, drunk, took a taxi; an argument ensued over route and fare.
** The driver handed D to the police before completing the agreed journey (home address to be given at Highbury).
** Conviction for making off quashed:
*** D could not have failed to pay “as required or expected” because the '''contract was not complete'''.
*** Agreement was to drive D '''home'''; only partial performance had occurred when police intervened.

So:

* There must be a situation where '''payment is due “on the spot”''' under the terms of the transaction; if the service is incomplete, that condition may not be met.

=== Mens rea ===
Three mental elements:

# '''Knowledge''' that payment on the spot is '''required or expected'''.
# '''Dishonesty'''.
# '''Intent to avoid payment of the amount due'''.

Case:

* '''Allen'''  AC 1029
** D left a hotel without settling his bill.
** Trial judge directed that it was enough that D intended to avoid paying '''when payment was expected'''.
** Court of Appeal allowed the appeal:
*** s 3(1) requires an intention to '''avoid payment permanently''', not merely to '''defer''' payment.

Another case:

* '''Vincent'''  EWCA Crim 295
** D stayed at two inns (Bricklayers Arms, Langton Arms), left without paying in full.
** D claimed he had reached '''agreements to defer payment''' at both places (pending payments from TV and newspaper work).
** Trial judge held that because those agreements were induced by D “dishonestly conning and manoeuvring” the owners, there was no “proper” agreement to postpone payment.
** Court of Appeal disagreed:
*** Even if an agreement to defer payment is '''dishonestly obtained''', it still '''defers''' the requirement/expectation of '''payment on the spot'''.
*** The fact that the agreement was secured dishonestly '''does not reinstate''' the expectation of payment on the spot, so the offence of making off may not be made out.

'''Exam emphasis:'''

* For making off:
** There must be '''payment on the spot''' required/expected, and '''no valid deferral'''.
** D must '''intend to avoid payment permanently'''.
** If D merely intends to pay later, or secures a '''(legally effective) deferral''', there is no offence (though there may be fraud).