Obtain services dishonestly - Fraud Act 2006

Points to prove

• 1. The defendant obtained services for himself or another
• 2. The defendant obtained them by a dishonest act (s 11(1)(a)) — dishonesty judged by the standards of ordinary decent people (Ivey v Genting Casinos; R v Barton & Booth)
• 3. The services were made available on the basis that payment has been, is being or will be made for or in respect of them (s 11(2)(a))
• 4. The defendant obtained the services without any payment having been made for or in respect of them, or without payment having been made in full (s 11(2)(b))
• 5. When he obtained them, the defendant knew that they were being made available on the basis that they were to be paid for, or knew that they might be (s 11(2)(c))
• 6. The defendant intended that payment would not be made, or would not be made in full (s 11(2)(c))

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 5 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/2006/35/section/11