Obtaining services dishonestly

Practise question: Sample Wayne was walking down the street when someone suddenly said to him, “You have just dropped this”, thrust a piece of paper into his hand and walked off. Wayne put the piece of paper into his pocket without looking at it and did not discover until two hours later that it was actually a ticket for a seat at that evening’s football match between City and United. Feeling a little guilty about using a ticket that he had not paid for, Wayne went to the football stadium and used it to gain entry.

S11 Fraud Act 2006 S11 Fraud Act 2006 Examples of obtaining services dishonestly are climbing over the wall of a football ground to watch the match for free or someone who seeks NHS treatment when they are not entitled Examples of obtaining services dishonestly are climbing over the wall of a football ground to watch the match for free or someone who seeks NHS treatment when they are not entitled

Elements Obtains for himself or another (AR) Obtains for himself or another (AR) Services (AR) Services (AR) Dishonestly (MR) Dishonestly (MR) knowing that the services are made available on the basis that payment has been, is being or will be made for or in respect of them or that they might be (MR) knowing that the services are made available on the basis that payment has been, is being or will be made for or in respect of them or that they might be (MR) Avoids or intends to avoid payment in full or in part (MR) Avoids or intends to avoid payment in full or in part (MR)

Obtains for himself or another This offence is a result crime This offence is a result crime Services must actually have been obtained Services must actually have been obtained No act of deception is needed- no one needs to have been deceived No act of deception is needed- no one needs to have been deceived Doesn’t have to be for the defendant’s own benefit Doesn’t have to be for the defendant’s own benefit

Services If a service is provided without charge then no offence can be committed under this act If a service is provided without charge then no offence can be committed under this act Word “services” is not defined under the act Word “services” is not defined under the act The CPS give examples as to what could be a service The CPS give examples as to what could be a service

CPS examples Obtains chargeable data or software over the internet Obtains chargeable data or software over the internet Orders a meal in a restaurant Orders a meal in a restaurant Attaches a decoder to a TV to receive chargeable services Attaches a decoder to a TV to receive chargeable services Uses the services in a members’ club Uses the services in a members’ club

Services case law Sofroniou D pretended to be 3 different people to attempt to deceive banks into providing him with services. Sofroniou D pretended to be 3 different people to attempt to deceive banks into providing him with services. Court of Appeal decided that there had to be an understanding that payment would be made by the person receiving the service. D was guilty. Shows that free services are not included in the definition.

Dishonesty Ghosh test Ghosh test Examples of things which are not dishonest in the Theft Act do not apply to the fraud offences Examples of things which are not dishonest in the Theft Act do not apply to the fraud offences

Knowing that services are made available on the basis that payment has been, is being or will be made for or in respect of them or that they might be D must not pay for the service or not pay in full D must not pay for the service or not pay in full

Avoids or intends to avoid payment in full or in part An intention to avoid payment is sufficient An intention to avoid payment is sufficient The intent must be to never pay the full amount- Allen (1985) D stayed at a hotel and then left without paying. He telephoned 2 days later to explain that he intended to pay but had financial difficulties. The House of Lords held that an intention to delay payment was not sufficient. The intent must be to never pay the full amount- Allen (1985) D stayed at a hotel and then left without paying. He telephoned 2 days later to explain that he intended to pay but had financial difficulties. The House of Lords held that an intention to delay payment was not sufficient.

Sentence Offence is triable either way Maximum sentence of 5 years

Practice scenario Ed bought an mp3 player for his girlfriend’s birthday and wanted to download some music on to it. He logged onto cheaptunes.com an downloaded a number of songs using his Dad’s credit card without his Dad’s knowledge. Ed bought an mp3 player for his girlfriend’s birthday and wanted to download some music on to it. He logged onto cheaptunes.com an downloaded a number of songs using his Dad’s credit card without his Dad’s knowledge.

Obtains for himself or another- for his girlfriend Obtains for himself or another- for his girlfriend Services- music downloads Services- music downloads Dishonestly- Ghosh test Dishonestly- Ghosh test Knowing that services are made available…- He know he has to pay for them Knowing that services are made available…- He know he has to pay for them Avoids or intends to avoid payment…-uses his dad’s card so doesn’t pay himself Avoids or intends to avoid payment…-uses his dad’s card so doesn’t pay himself

Practice scenario Janet and John decided to go to an art gallery in the city where they were having a break. When they got there, they discovered that this was a private art gallery, and, unlike public art galleries, there was an entry fee. As they were short of money, Janet claimed to be a student and showed an old, out of date student card whilst holding her fingers over the date and said that John was unemployed although, in reality, he was in full time employment. On the basis of this, the art gallery gave them concessionary tickets which were half the normal price. Janet and John decided to go to an art gallery in the city where they were having a break. When they got there, they discovered that this was a private art gallery, and, unlike public art galleries, there was an entry fee. As they were short of money, Janet claimed to be a student and showed an old, out of date student card whilst holding her fingers over the date and said that John was unemployed although, in reality, he was in full time employment. On the basis of this, the art gallery gave them concessionary tickets which were half the normal price.

Elements of the offence Obtains for himself or another- Janet for herself and another (John) Obtains for himself or another- Janet for herself and another (John) Services- entry to the art gallery Services- entry to the art gallery Dishonestly- Ghosh test, she knew it was dishonest and that it was dishonest by the standards of ordinary, reasonable people Dishonestly- Ghosh test, she knew it was dishonest and that it was dishonest by the standards of ordinary, reasonable people Knowing that services are made- Janet knew payment was required Knowing that services are made- Janet knew payment was required Avoids or intends to avoid- The lies are intended to avoid full payment Avoids or intends to avoid- The lies are intended to avoid full payment