Payment Required or Expected
R v Brooks and Brooks (1983)
A father and daughter and a man named Smith went to a restaurant. The daughter left early in a rush. The father and Smith then absconded without paying. They were convicted of making off without payment. The daughter appealed contending she thought her father was paying and was thus not dishonest.
Held that: The daughter's conviction was quashed. The words 'dishonestly makes off' should be given their ordinary meaning and the jury should relate these words to the facts of any case. In the majority of cases no elaboration is required. There is no requirement of leaving by stealth in order to amount to being dishonest, the words 'makes off' simply means depart.
Comments
No comments have yet been made