Theft, burglary and robbery
Making off without payment
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years' custody
Actus reus
- Knowing that payment on the spot for goods or services is required or expected, make off without having paid as required/expected.
Mens rea
- Dishonesty.
- Intent to avoid payment of the amount due.
Verified case law
Ivey v Genting Casinos[2017] UKSC 67
The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.
Defences
Honest belief payment arranged / would be paid · No knowledge payment required on the spot · Not dishonest · Did not make off
Sentencing Council
Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 36 weeks' custody.
At the police station
Taxi, fuel, restaurant, and hotel "bilking" cases. Check whether client left details, disputed the fare, or expected to pay later — goes to dishonesty and intent.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Theft Act 1978, s.3 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗
- Case law:Ivey v Genting Casinos [2017] UKSC 67 ↗