Making off without payment

Introduction to Making Off Without Payment

  • Occurs when a person fails to pay at the time payment is expected.

  • Examples:

    • Leaving a taxi without paying the driver.

    • Failing to pay for a meal in a restaurant.

Legal Basis

  • Established to address gaps in the Theft Act 1968.

  • Defined in Section 3 of the Theft Act 1978:

    • (1) A person who, knowing that payment on the spot is required or expected, dishonestly makes off without having paid and intends to avoid payment is guilty of an offence.

    • (2) "Payment on the spot" includes payment at the time of collecting goods or for services rendered.

    • (3) Exemptions:

    • Does not apply where the goods supplied or service done is contrary to law.

    • Payment is not legally enforceable.

Actus Reus of Making Off Without Payment

  • Several elements must be proven:

    1. Defendant makes off.

    2. Goods have been supplied or a service has been done.

    3. Payment is required on the spot.

    4. The defendant has not paid as required.

1. The Defendant Makes Off

  • Definition: Leaving the place where payment was expected (e.g., a shop or restaurant).

  • Highlighted in R v McDavitt (1981):

    • The defendant was not guilty as he was still in the restaurant and had not truly "made off".

2. Goods Have Been Supplied or a Service Done

  • If the service or goods supplied do not meet the contract terms, there is no offence.

  • Illustrated by Troughton v Metropolitan Police (1987):

    • A taxi driver failed to complete the journey as agreed, breaching the contract; thus, no offence occurred.

3. Payment Required on the Spot

  • Payment becomes due only when goods or services are provided (R v Wilkinson, 2018).

  • It must be evidenced that payment on the spot was expected (R v Vincent, 2001):

    • In Vincent, the defendant's agreement to pay later negated the requirement for immediate payment, leading to the quashing of his conviction.

4. The Defendant Has Not Paid as Required

  • This is a factual matter; non-payment of the full amount means the offence is committed.

Mens Rea of Making Off Without Payment

  • Components of mens rea:

    • Dishonesty.

    • Knowledge that payment on the spot is required.

    • Intent to avoid payment.

1. Dishonesty

  • The standard for dishonesty aligns with that of theft.

2. Knowledge that Payment on the Spot is Required

  • If the defendant did not know that payment on the spot was necessary, they may not be guilty.

3. Intention to Avoid Payment

  • The Theft Act specifies intent to avoid payment of the amount due.

  • R v Allen (1985) clarified that intent must be permanent; mere deferral does not constitute an offence.

Case Examples

  • R v McDavitt (1981):

    • Argument with a restaurant manager; the defendant started to leave but was detained before truly leaving the premises.

  • Troughton v Metropolitan Police (1987):

    • Taxi driver failed to fulfill the ride agreement; no offence due to incomplete service.

  • R v Wilkinson (2018):

    • Taxi driver argument resulted in the passenger being returned to the initial pickup point; payment not required.

  • R v Vincent (2001):

    • Arrangements made with hotels to defer payment negated the immediate payment requirement.

  • R v Allen (1985):

    • Defendant left a hotel without paying but intended to pay after receiving expected funds; his conviction was quashed due to insufficient proof of intent to permanently avoid payment.

Sentencing for Making Off Without Payment

  • Classified as a triable-either-way offence.

  • Maximum penalty: Two years' imprisonment.

Evaluation of the Offence

  • Distinction between intention to permanently avoid payment and deferral is crucial.

  • Argument about whether the offence of making off without payment overlaps with fraud.

  • Clarification necessary about the duties and obligations between service providers (e.g., taxi drivers) and customers.

Important Takeaways

  • Actus Reus:

    • Defendant makes off.

    • Goods or services provided.

    • Payment required on the spot.

    • Defendant has not paid.

  • Mens Rea:

    • Dishonesty.

    • Knowledge of payment requirement.

    • Intention to avoid payment.

  • Penalty can lead to significant implications related to dishonesty and contractual obligations in service contexts.