Making off without Payment under Theft Act 1978
Share
Making off without payment is a criminal offence involving intentionally leaving a place where goods or services are provided, without paying for those services with the intent to avoid payment. Sections 3 and 4 of the Theft Act 1978 provides the legal framework of this offence, including its definition and sentencing, in England and Wales.
Section 3: Definition
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 as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
Section 4: Punishments
Offences under this Act shall be punishable either on conviction on indictment or on summary conviction. A person convicted on indictment shall be liable to imprisonment for a term not exceeding two years. A person convicted summarily of any offence under this Act shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum (£1,000) or other sum substituted by order under that Act, or to both.
The key points and interpretation of making off without payment under the Theft Act 1978 are as follows:
Knowledge of required payment: The person must know that payment is required or expected from them at the time of the transaction. He should be aware that he is obligated to make payment for the goods supplied or services done.
Dishonesty: The act of making off without payment must be done dishonestly. This means that the person's actions are contrary to ordinary standards of honest behaviour.
Intention to avoid payment: The person must make off without having paid as required or expected, with the intention to avoid payment of the amount due. It means he deliberately leaves without paying and has no intention to fulfil his payment obligation.
Intention to permanently deprive: The House of Lords in R v Allen (1985) emphasised that the offence of making off without payment requires an intention to permanently deprive the owner of the goods or service provider of the payment. Mere intention to defer payment or an intent to pay through civil recovery procedures in the future may not meet the criteria for the offence.
Sentencing: Making off without payment is an either way offence which can be dealt with in either the Magistrates' Court or the Crown Court, depending on the seriousness of the case and the discretion of the court.
Magistrates' Court: In the Magistrates' Court, the maximum sentence that can be imposed for making off without payment is 6 months' imprisonment. The Magistrates' Court also has the power to impose fines and other non-custodial penalties.
Crown Court: In more serious cases, or if the Magistrates' Court considers its sentencing powers to be insufficient, the case may be sent to the Crown Court. In the Crown Court, the maximum sentence for making off without payment is 2 years' imprisonment. The Crown Court also has the authority to impose fines and other penalties available under the law.
The actual sentence imposed will depend on various factors, including the specific circumstances of the offence, the defendant's criminal history, any mitigating or aggravating factors, and the discretion of the sentencing judge.
Section 3: Definition
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 as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
Section 4: Punishments
Offences under this Act shall be punishable either on conviction on indictment or on summary conviction. A person convicted on indictment shall be liable to imprisonment for a term not exceeding two years. A person convicted summarily of any offence under this Act shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum (£1,000) or other sum substituted by order under that Act, or to both.
The key points and interpretation of making off without payment under the Theft Act 1978 are as follows:
Knowledge of required payment: The person must know that payment is required or expected from them at the time of the transaction. He should be aware that he is obligated to make payment for the goods supplied or services done.
Dishonesty: The act of making off without payment must be done dishonestly. This means that the person's actions are contrary to ordinary standards of honest behaviour.
Intention to avoid payment: The person must make off without having paid as required or expected, with the intention to avoid payment of the amount due. It means he deliberately leaves without paying and has no intention to fulfil his payment obligation.
Intention to permanently deprive: The House of Lords in R v Allen (1985) emphasised that the offence of making off without payment requires an intention to permanently deprive the owner of the goods or service provider of the payment. Mere intention to defer payment or an intent to pay through civil recovery procedures in the future may not meet the criteria for the offence.
Sentencing: Making off without payment is an either way offence which can be dealt with in either the Magistrates' Court or the Crown Court, depending on the seriousness of the case and the discretion of the court.
Magistrates' Court: In the Magistrates' Court, the maximum sentence that can be imposed for making off without payment is 6 months' imprisonment. The Magistrates' Court also has the power to impose fines and other non-custodial penalties.
Crown Court: In more serious cases, or if the Magistrates' Court considers its sentencing powers to be insufficient, the case may be sent to the Crown Court. In the Crown Court, the maximum sentence for making off without payment is 2 years' imprisonment. The Crown Court also has the authority to impose fines and other penalties available under the law.
The actual sentence imposed will depend on various factors, including the specific circumstances of the offence, the defendant's criminal history, any mitigating or aggravating factors, and the discretion of the sentencing judge.
