Making off without payment

Making off without payment is an offence contrary to Section 18C of the Theft Ordinance (Chapter 210). It is committed where a person forms a dishonest intent to avoid payment after goods or services have been received. This would include leaving a restaurant without paying, leaving a taxi without paying the fare or filling up with petrol at a self-service petrol station then leaving without paying for the petrol. In these situations the supplier of goods or services expects payment for the goods or services after they have been supplied and before the person who has received them leaves the place of supply. If the person who has received the goods or services makes off, which means leaves the place where payment was expected, dishonestly intending to avoid payment, the offence is complete. The dishonesty required is the same as for theft. The difference between theft and making off is that in theft the dishonest intent must be present when the goods are appropriated whereas in making off the dishonest intent arises after the goods or services have been received. A motorist might intend to pay for petrol at a self-service station when he/she starts to fill the car’s tank but then, noticing there is a queue at the payment point, takes the opportunity to drive off to avoid queuing and paying for the petrol. He/she is guilty of making off without payment but not theft.