Making off without payment

S3(1) Theft Act 1978

• To cover up loophole found in (Greenburg)

Actus Reus

Makes off

• D must have “made off” – left the scene where payment was required (McDavitt)

Goods supplied or service done

• If not completed then there is no offence (Troughton v Met Police)
  

Payment required on the spot:

• If payment not required on the spot offence not committed, (Vincent) where an agreement to pay later has been made
• The location of making off was not relevant, offence only needed to be ‘on the spot’ (Aziz)

D has not paid

• Payment must be the amount due

Mens Rea

Dishonesty – Ghosh

Knowledge that payment on the spot is required

Intention to avoid payment permanently

• If D intended to pay later not guilty (Allen)