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KembaraXtra-Case Law-Aziz (1993) - Making Off Without Payment
- Case Overview:
- Defendant (D) refused to pay taxi fare, claiming shorter distance.
- Charged with making off without payment contrary to s 3 of the Theft Act 1978.
- D argued he didn't leave from where payment was required 'on the spot'.
- Facts:
- D requested taxi to club (13 miles).
- Refused to pay £15 fare, alleging only 4 miles travelled.
- Attempted to flee at police station after taxi ride.
- Defendant's Argument:
- Argued he didn't make off from the spot where payment was required "on the spot".
- Implied payment spot was only the final destination.
- Held (Court's Ruling):
- The Theft Act 1978 doesn't specify where payment must be made.
- 'On the spot' refers to the customer's knowledge of when payment is due.
- In a taxi context, payment expectation exists while in the car or standing nearby.
- Therefore, D did make off from where payment was required/expected.
- The taxi was where D was expected to pay.
- Key Takeaways:
- Focus on knowledge of payment obligation, not strict location.
- 'On the spot' interpreted in relation to the situation, not just physical location.
- Making off without payment is applicable even before physically exiting the vehicle.
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