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Obtaining Service Dishonestly Obtaining Service Dishonestly

Obtaining Service Dishonestly - PowerPoint Presentation

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Obtaining Service Dishonestly - PPT Presentation

S11 Fraud Act 2006 S11 1 obtains services for himself or another by a dishonest act and i n breach of subsection 2 S11 2 a person obtains services in breach of this subsection if ID: 536617

payment services act service services payment service act obtaining obtains obtained full basis pay dishonestly dishonest paying representation fraud false reus crime

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Presentation Transcript

Slide1

Obtaining Service Dishonestly Slide2

S.11 Fraud Act 2006

S.11 (1)

obtains

services

for himself or another

by a

dishonest act

; and

i

n breach of subsection (2)

S.11 (2)

– a person obtains services in breach of this subsection if:

They are

made available on the basis that a payment has been, is being or will be made for them

; AND

He

obtains them without payment having been made for them or without payment having been made in full

; AND

When he obtains them, he

knows

:

That

they are being made available on the basis described in a);

OR

That they might be

He

intends payment will not be made or will not be made in fullSlide3

Actus Reus -

Obtains

for himself or another

This is a

result crime

services must actually be obtained

No act of deception is needed –

service provider does not need to be deceived

– e.g. climbing a wall to see a football match – accessing a service that is normally provided only on payment of a fee

For another

– does not need to be for D’s benefit – e.g. lifting someone over a fence to get into a music festivalSlide4

Actus Reus -

Services

“services” not defined in the Act but

Crown Prosecution Service

gives examples:

Obtains

chargeable data or software over the internet

without paying (includes music or video downloads)

Orders a meal in a restaurant

knowing he has no means to pay

Attaches a decoder to his TV

to enable him to access chargeable satellite services without paying

Uses the

services of a members’ club

without paying and without being a memberSlide5

Actus Reus – That are

“made available on the basis that payment has been made, is being or will be made for or in respect of them”

Must be a

charge for the service

Where a service is being provided without charge, there is no offence

Sofroniou

– banking services falls within the definition of services but not free banking services – i.e. not “interest free” loans or credit cardsSlide6

Mens Rea –

By a Dishonest Act

Ghosh

test

Services must be obtained by a dishonest act

– D must commit a

dishonest act at the time he obtains the services

, not at a later point

Must be a

causal link

between the act of dishonesty and the obtaining of services

If no dishonest act at the point of obtaining the services, then no offenceSlide7

Mens

Rea -

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

Usually self-evident

– awareness that a service necessitates paymentSlide8

Actus Reus and Mens

Rea -

Avoids or intends to avoid payment in full or in part

D gets the service either by

not paying for it or not paying in

full

D must

intend to avoid payment

for the service provided in full or in part

at the time the service is obtained

Intent must be to never pay the sum involved

Allen

– intent not to pay must be

intent not to pay permanently

. D stayed in a hotel and left without paying his bill. He telephoned 2 days later to explain he was in financial difficulty and arranged to return to hotel a few days later to remove his belongings and leave his passport as security for the debt. He was arrested on his return and said he genuinely hoped to be able to pay the bill and had not acted dishonestly. Held – not guilty as his intent not to pay was not permanent Slide9

Crossover

with S.2 Fraud by False Representation

Many scenarios can be both Fraud by False Representation AND Obtaining Services Dishonestly

BUT there are times when they do not

S.11 Obtaining services dishonestly

is a

result crime and a service must actually be obtained

S.2 Fraud by False Representation

is a

conduct crime

and D only needs to intend to make a gain or cause a loss –

no gain or loss needs to actually happen

S.11 Obtaining Service Dishonestly

only relates to

services

that require payment

S.2 Fraud by False Representation

can apply if D makes a false representation to

benefit from a free serviceSlide10

Questions to Consider for Obtaining Services Dishonestly

Did D obtain for himself or another?

Remember this is a result crime so services must actually be obtained

Was it services?

Were the services “made available on the basis that payment has been made, is being or will be made for or in respect of them”

Were the services obtained by a dishonest act?

Did D know that the services were made available on the basis that payment has been, is being or will be made for or in respect of them

Did D

a

void or intend to avoid payment in full or in part