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KembaraXtra-Case Law- Allen (1985) HL
I. Case: Allen (1985) HL
I. Case: Allen (1985) HL
- A. Facts:
- D left a hotel without paying a bill of £1,286.
- Charged under s 3 of the Theft Act 1978 (Avoiding Payment).
- D claimed he genuinely expected to pay and intended only to defer payment.
- Deferment was reliant on proceeds from business deals.
- B. Issue: What constitutes "intent to avoid payment" under s 3 of the Theft Act 1978?
- C. Held:
- The words "with intent to avoid payment" in s 3 require an intention to avoid payment permanently.
- An intention to defer payment is not sufficient to establish the offence.
- D. Key Takeaway: The prosecution must prove an intent to permanently evade payment, not just a temporary delay.
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