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KembaraXtra- Case Law-MacDavitt (1981)
"Making Off Without Payment"
I. Case Overview
"Making Off Without Payment"
I. Case Overview
- Citation: MacDavitt (1981)
- Context: Interpretation of "making off" under Section 3 of the Theft Act 1978.
- Defendant (D) had a meal with friends at a restaurant.
- Friends left, D remained at the table.
- Bill presented to D; D refused to pay after an argument.
- D attempted to leave but was told police were called.
- D stayed in the restaurant until police arrived.
- D admitted intent to leave without paying.
- What constitutes "making off" from the "spot where payment is required" under Section 3 of the Theft Act 1978?
- "Makes off" refers to leaving the specific location where payment is required or expected.
- The exact location depends on the specific facts of the case.
- In this case, the "spot" was the entire restaurant itself.
- Direction to the Jury:
- They could not find D guilty of the full offence because he did not leave the restaurant.
- They could find D guilty of attempting to commit the offence, as he intended to leave without paying and took steps towards doing so.
- The definition of "making off" is tied to the geographical location where payment is due.
- Remaining within that location, even with intent to avoid payment, is generally not "making off."
- Such conduct could constitute an attempt to make off without payment.
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