Obtaining Services Dishonestly

S11 Fraud Act 2006

s11(1) Obtaining services by 

(a) a dishonest act

(b) in breach of subsection (2). Broken down below

Actus Reus

Obtains – services must actually be obtained, cannot be an omission

Services – not defined by the act, but examples given:

• Using false credit card
• Climbing over wall to watch football game
• Using false bus pass for reduced price journey
• Fake ID to get into club
• Use stolen decoder card to watch TV

Not paid for – only if D did not pay or pay in full

Mens Rea

Dishonesty: Ghosh test applies

Knowledge: D must know that services are, or might be, available only on the basis that payment has been or will be made for them

Intention not to pay: If D thought someone else paid for him then not guilty (Brooks & Brooks)