12083804
Descrição
Mapa Mental por lee banton, atualizado more than 1 year ago
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Criado por lee banton
quase 7 anos atrás
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making off without payment
- Definition : s3 Theft Act 1978, a person who knowing that payment on
the spot for any goods supplied or services done is required or
expected of 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.
- R v Greenburg - the offence was created to stop situations like this when
because the petrol had mixed with the existing petrol in a persons car it was
now their property meaning people could easily just drive off with free fuel.
- R v Greenburg - the offence was created to stop situations like this when
because the petrol had mixed with the existing petrol in a persons car it was
now their property meaning people could easily just drive off with free fuel.
- makes off : when the defendant leaves the scene where payment is expected,
hiding away is not enough.
- Mcdavitt
- Mcdavitt
- any goods supplied or services done : if there is no completed
service then theres no offence as shown in the case of troughton V
met police.
- payment is required on the spot: this is not always the case if beforehand the defendant
has organised to pay at another time.
- R v Vincent
- R v Vincent
- Dishonesty
- 1) would a reasonable person consider the d's
actions dishonest ?
- 2) did d realise he was being dishonest?
- GHOSH test
- 1) would a reasonable person consider the d's
actions dishonest ?
- Intention to permanently avoid payment
- Allen : only evaded payment of a hotel bill for a short time
- Allen : only evaded payment of a hotel bill for a short time
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