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A2 Law-making off without payment from a taxi.

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Introduction

´╗┐Tajinder Singh Ranshi A2 Law ? Making Off Without Payment Discuss the criminal liability of Armani? Armani may have committed the offence of making off without payment. This offence is set out in Section 3 of the Theft Act 1978. The actus reus for the offence is the defendant must have made off, there must be goods which have been supplied or a service has been done, payment is required on the spot and the defendant has not paid as required. The mens rea is that they must have acted dishonest, they had knowledge that payment was required on the spot and there was intention to avoid payment. The first stage of the actus reus is making off. This means that the defendant leaves a place where payment is required. This was highlighted in the case of McDavitt where in the lp we were told that the defendant had not made off as he had not left the restaurant. ...read more.

Middle

This hereby satisfies the second point in the actus reus. We then move onto payment required. This payment is on the spot payment. In order to establish whether this offence has been committed it must have been proven that payment was required or expected. In the case of Vincent there was an agreement between the d and the owners of the hotels where he would pay them when he could. Since there was an agreement not to expect the on the spot payment then this offence hasn?t been committed. But looking to the scenario it is clear that an agreement hadn?t been made and with the manner in which the d got off it is clear that he had no intention to pay. Finally we must consider whether the fee was not paid. The defendant was obliged to pay the amount due. ...read more.

Conclusion

Unless d is from a foreign country in which you do not need to be paying for taxi journeys, he should have realised that what he did was dishonest. But otherwise if he had no knowledge of what had to be done then he would not have committed an offence. Finally we must consider whether there was an intention to avoid payment. There must be a clear intention to permanently avoid the payment. It is clear that there is an intention to avoid payment in the manner of which the defendant left the taxi. It is clear that by jumping out of a taxi and then running off there was an intention not to pay the fare for the journey. If convicted of the offence of making off without payment D could face up to 2years and 6 months in prison as well as having to pay a fine or having to serve out a community order. ...read more.

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