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Definition
s3 of theft act 1968: ‘a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid with intent to avoid payment of the amount’
R v McDavitt
D had argument with the manager of the restaurant and refused to pay. he was advised not to leave as police has been called. D stayed in the toilet until police came, so he hadn’t made off.
Troughton v Metropolitan Police
taxi driver agreed to drive drunk D, they had an argument and since the taxi driver was unable to obtain proper destination, he drove him to the police station. since journey wasn’t complete, service hadn’t been supplied so no offence was committed
R v Vincent
D stayed in 2 hotels and didn’t pay. he said he had arranged with the hotels that he’d pay later when he could
payment wasn’t required on the spot
R v Allen
D didnt pay for staying at a hotel. he said he intended to pay, but he didnt make sufficient money from his business transactions so he was going to pay later.
intent must be to permanently evade payment