1. Making off without payment

2. Background
Original theft Act had a loophole that was found and exploited
Loophole was that the AR and MR did not need to coincide – Greenburg (1972)
Parliament created a new Theft Act (1978)
Max sentence = 2 years
Actus Reus
Mens Rea
Makes off
Dishonesty
Supplied goods
Knowing payment was required
On the spot
Intended to permanently avoid payment
Did not pay

3. Actus Reus #1; Makes off McDavitt (1981)
D went to the toilet on the premises and thus did not make off

4. Actus Reus #2; goods/services suplied
Troughton (1987)
Service had not been provided

5. Actus Reus #3 “payment on the spot”
Vincent (2001)
There was no expectation that D would have to pay his bill at the checkout

6. Actus reus #4; did not pay
Question of fact for the jury

7. Mens Rea #1; Dishonesty Ghosh Test – Lord Justice Lane
Was D’s act dishonest according to the standards of the reasonable and honest person?
If so
2. Did D realise that reasonable and honest people would regard the act as being dishonest?

8. Mens Rea #2- knowing payment was due on the spot
Vincent (2001)
There was no expectation that D would have to pay his bill at the checkout

9. Mens Rea #3; D intended to avoid payment permanently
Allen (1985)
Prosecutor needs to prove that D had the intention to not pay at all