正在編輯用戶:Hinnia/Fraud （章節）

=== 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).