1. Obtaining Service Dishonestly

2. S.11 Fraud Act 2006 S.11 (1) – obtains services for himself or another
by a dishonest act; and
in breach of subsection (2)
S.11 (2) – a person obtains services in breach of this subsection if:
They are made available on the basis that a payment has been, is being or will be made for them; AND
He obtains them without payment having been made for them or without payment having been made in full; AND
When he obtains them, he knows:
That they are being made available on the basis described in a); OR
That they might be
He intends payment will not be made or will not be made in full

3. Actus Reus - Obtains for himself or another
This is a result crime – services must actually be obtained
No act of deception is needed – service provider does not need to be deceived – e.g. climbing a wall to see a football match – accessing a service that is normally provided only on payment of a fee
For another – does not need to be for D’s benefit – e.g. lifting someone over a fence to get into a music festival

4. Actus Reus - Services
“services” not defined in the Act but Crown Prosecution Service gives examples:
Obtains chargeable data or software over the internet without paying (includes music or video downloads)
Orders a meal in a restaurant knowing he has no means to pay
Attaches a decoder to his TV to enable him to access chargeable satellite services without paying
Uses the services of a members’ club without paying and without being a member

5. Actus Reus – That are “made available on the basis that payment has been made, is being or will be made for or in respect of them”
Must be a charge for the service
Where a service is being provided without charge, there is no offence
Sofroniou – banking services falls within the definition of services but not free banking services – i.e. not “interest free” loans or credit cards

6. Mens Rea – By a Dishonest Act
Ghosh test
Services must be obtained by a dishonest act – D must commit a dishonest act at the time he obtains the services, not at a later point
Must be a causal link between the act of dishonesty and the obtaining of services
If no dishonest act at the point of obtaining the services, then no offence

7. Mens Rea - Knowing that the services are made available on the basis that payment has been, is being or will be made for or in respect of them
Usually self-evident – awareness that a service necessitates payment

8. Actus Reus and Mens Rea - Avoids or intends to avoid payment in full or in part
D gets the service either by not paying for it or not paying in full
D must intend to avoid payment for the service provided in full or in part at the time the service is obtained
Intent must be to never pay the sum involved
Allen – intent not to pay must be intent not to pay permanently. D stayed in a hotel and left without paying his bill. He telephoned 2 days later to explain he was in financial difficulty and arranged to return to hotel a few days later to remove his belongings and leave his passport as security for the debt. He was arrested on his return and said he genuinely hoped to be able to pay the bill and had not acted dishonestly. Held – not guilty as his intent not to pay was not permanent

9. Crossover with S.2 Fraud by False Representation
Many scenarios can be both Fraud by False Representation AND Obtaining Services Dishonestly
BUT there are times when they do not
S.11 Obtaining services dishonestly is a result crime and a service must actually be obtained
S.2 Fraud by False Representation is a conduct crime and D only needs to intend to make a gain or cause a loss – no gain or loss needs to actually happen
S.11 Obtaining Service Dishonestly only relates to services that require payment
S.2 Fraud by False Representation can apply if D makes a false representation to benefit from a free service

10. Questions to Consider for Obtaining Services Dishonestly
Did D obtain for himself or another?
Remember this is a result crime so services must actually be obtained
Was it services?
Were the services “made available on the basis that payment has been made, is being or will be made for or in respect of them”
Were the services obtained by a dishonest act?
Did D know that the services were made available on the basis that payment has been, is being or will be made for or in respect of them
Did D avoid or intend to avoid payment in full or in part