Making Off Without Payment As Defined In S3 Theft Act 1978: Actus Reus (Copy)
Making Off Without Payment As Defined In s3 Theft Act 1978: Actus Reus
(England And Wales — Statutes & Case Law Only — Tabular, Quick-Revision, Examiner-Focused)
Statutory Definition (Actus Reus Focus)
| Statute | Provision | Legal Effect |
|---|---|---|
| Theft Act 1978 s3(1) | Making off without payment | Defines conduct offence |
Exam precision: The actus reus consists of making off from the spot without paying for goods supplied or services done when payment on the spot is required or expected.
Core Actus Reus Elements (s3(1))
| Element | Requirement |
|---|---|
| Supply | Goods supplied or service done |
| Payment | Payment required or expected on the spot |
| Making off | Leaving the spot |
| Completion | Payment not made as required |
- Offence is complete on departure
- No need for force, deception, or demand
“Goods Supplied Or Service Done”
| Category | Included? | Authority |
|---|---|---|
| Restaurant meal | Yes | s3(1) |
| Taxi journey | Yes | s3(1) |
| Hotel accommodation | Yes | s3(1) |
| Petrol | Yes | R v Allen (1985) |
| Self-service goods (before checkout) | No | Theft applies |
- Must be lawfully supplied at D’s request or with consent
- If goods are appropriated dishonestly, theft is more appropriate
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
“Payment On The Spot Required Or Expected”
| Case | Principle | Examiner Focus |
|---|---|---|
| R v Vincent (2001) | Payment must be immediately due | Timing |
| R v Allen (1985) | Petrol stations expect immediate payment | Common scenario |
| R v McDavitt (1981) | Credit arrangements negate s3 | No immediate expectation |
- Covers situations where:
- Payment is normally immediate
- No credit agreement exists
- If payment is deferred by agreement → no s3 offence
“Making Off” – Meaning In Law
| Case | Principle | Examiner Focus |
|---|---|---|
| R v Brooks & Brooks (1982) | “Making off” = leaving the spot | Physical departure |
| R v McDavitt (1981) | Merely staying on premises ≠ making off | Must depart |
| R v Vincent (2001) | Leaving area of payment point | Functional approach |
- “Making off” requires:
- Physical movement away
- Beyond the place where payment should occur
- Brief movement within premises may be insufficient
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
“Without Payment”
| Requirement | Authority | Explanation |
|---|---|---|
| Payment not made | s3(1) | Full payment required |
| Partial payment | Insufficient | Common law |
| Promise to pay later | Not payment | Vincent |
- Offence committed even if:
- D intended to pay later
- D left money elsewhere
- Focus is non-payment at required time/place
Place From Which D Must Make Off (“The Spot”)
| Case | Principle |
|---|---|
| R v Brooks & Brooks (1982) | “The spot” = area where payment is required |
| R v Vincent (2001) | Functional, not technical definition |
- The “spot” includes:
- Restaurant till/payment desk
- Petrol station cashier area
- Leaving the premises usually satisfies this element
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Actus Reus Exclusions
| Scenario | Outcome | Authority |
|---|---|---|
| Credit agreement exists | No s3 offence | McDavitt |
| Theft before payment stage | Theft applies | TA 1968 |
| Payment not yet due | No s3 offence | Vincent |
| Remaining on premises | No “making off” | Brooks |
Actus Reus Comparison: Making Off vs Theft
| Feature | Making Off (s3 TA 1978) | Theft (TA 1968) |
|---|---|---|
| Supply with consent | Yes | No |
| Timing | After service | During appropriation |
| Payment focus | Central | Irrelevant |
| Departure required | Yes | No |
Examiner Scenario Table (Actus Reus Only)
| Scenario | Actus Reus Satisfied? | Reason |
|---|---|---|
| Leaves restaurant without paying | Yes | Goods supplied + making off |
| Drives off without paying petrol | Yes | Allen |
| Eats on credit tab | No | McDavitt |
| Walks within shop only | No | No making off |
| Leaves exact cash elsewhere | Yes | Payment not made |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Definition | s3 Theft Act 1978 |
| Immediate payment | Allen; Vincent |
| Making off | Brooks |
| Credit exclusion | McDavitt |
| Petrol cases | Allen |
Common Examiner Errors
| Error | Correction |
|---|---|
| Treating credit cases as s3 | Credit negates offence |
| Ignoring “making off” | Physical departure required |
| Using theft incorrectly | Consent distinguishes |
| Assuming promise to pay is payment | It is not |
High-Yield Examiner Lines
- “Making off without payment requires departure from the spot without paying when payment is immediately required.”
- “The offence applies only where goods or services are supplied with consent.”
- “Credit arrangements exclude liability under s3.”
- “Physical departure is essential to the actus reus.”
- “Petrol drive-offs are classic s3 offences.”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course