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
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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