228Making off without payment

228 Making off without payment (a) the person is supplied with goods or services; and (b) immediate payment for the goods or services is required or expected and the person has knowledge of that circumstance; and (c) the person intentionally makes off without paying for the goods or services; and (d) the conduct mentioned in paragraph (c) is dishonest. (3) It is not an offence if the supply of goods or services is unlawful. Criminal Code Act 1983 218 immediate payment includes payment at the time of collecting goods in relation to which a service is supplied. 228AA Removal of item from places open to public (a) the person intentionally removes an item from premises; and (b) the premises are at any time open to the public; and (c) the item is publicly exhibited or kept for public exhibition at the premises but is not exhibited or kept for the purpose of selling or any other commercial dealing; and (2) Strict liability applies to subsection (1)(b) and (c). 228AB Driving, using or riding motor vehicle, vessel or aircraft without consent (a) the person intentionally drives, uses or rides in or on a motor vehicle, vessel or aircraft; and (b) the motor vehicle, vessel or aircraft: (i) belongs to another person (the owner); and (ii) was taken from the owner without the owner's consent; and (c) the person is reckless in relation to the circumstances in paragraph (b); and Criminal Code Act 1983 219 Maximum penalty: If the offence relates to a motor vehicle or vessel – imprisonment for 5 years. If the offence relates to an aircraft – motor vehicle means any vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer or caravan attached to it. 228AC Definitions belongs, in relation to property, means having possession or control of it, or having any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest, or from a constructive trust. deception means a deception whether by words or other conduct, and whether as to fact or as to law, and includes: (a) a deception about the intention of the person using the deception or anyone else; and (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do. demand with a menace, see section 228AF. menace, see section 228AD. obtain, in relation to property, see section 228AE. Criminal Code Act 1983 220 228AD Meaning of menace (1) A menace includes: (a) an express or implied threat of action that is detrimental or unpleasant to another person; or (b) if a person makes a demand – a general threat of detrimental or unpleasant action against another person that is implied because the person making the demand is a public officer. (2) A threat against an individual is a menace only if: (a) the threat would likely cause an individual of normal stability and courage to act unwillingly; or (b) the threat would likely cause an individual to act unwillingly because of a particular vulnerability of which the maker of the threat is aware. (3) A threat against an entity other than an individual is a menace only if: (a) the threat would ordinarily cause an unwilling response; or (b) the threat would likely cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware. 228AE Meaning of obtain (1) For section 228AH, a person obtains property if: (a) the person obtains ownership, possession or control of it for the person or another person; or (b) the person enables ownership, possession or control of it to be retained by the person or another person; or (c) the person induces a third person to pass ownership, possession or control of it to another person; or (d) the person induces a third person to enable another person to retain ownership, possession or control of it; or (e) section 228AI applies in relation to the property. (2) To avoid doubt, subsection (1) does not apply in relation to sections 228AK, 228AL and 228AO. Criminal Code Act 1983 221 228AF Meaning of demand with a menace For a demand with a menace: (a) the demand need not be a demand for money or other property; and (b) it is irrelevant whether the menace relates to an action to be taken by the person making the demand. 228AG Intention of permanently depriving (1) A person (person A) has the intention of permanently depriving someone else (person B) of property belonging to person B if: (a) person A obtains property belonging to person B without meaning person B to permanently lose the property; and (b) person A intends to treat the property as person A's own to dispose of regardless of person B's rights. (2) For subsection (1), if person A borrows or lends property belonging to person B, the borrowing or lending may amount to treating the property as person A's own to dispose of regardless of person B's rights only if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (3) Without limiting this section, person A parting with property amounts to person A treating the property as person A's own to dispose of regardless of person B's rights if: (a) person A has possession or control (lawfully or not) of property belonging to person B; and (b) person A parts with the property under a condition about its return that person A may not be able to carry out; and (c) the parting is done for person A's own purposes and without person B's authority. (4) This section does not limit the circumstances in which a person can be taken to have the intention of permanently depriving someone else of property. Criminal Code Act 1983 222 228AH Obtaining property by deception (a) the person engages in deception; and with the intention of permanently depriving another person of property; and (c) the conduct mentioned in paragraph (a) results in the person obtaining the property belonging to the other person and the person intended that result; and (3) For this section, a person who obtains the property of another person may be dishonest even if they are willing to pay for the property means all real or personal property, including the (a) money; (b) things in action or other intangible property; (c) electricity; (d) a wild creature that is tamed or ordinarily kept in captivity or that is reduced or is being reduced into the possession of a (e) any organ or part of a human body and any blood, ova, semen or other substance extracted from the human body. Criminal Code Act 1983 223 228AI Transfers of money etc. (1) This section applies in relation to section 228AH. (2) If a person (person A) causes an amount to be transferred from an account held by someone else (person B) to an account held by person A: (a) the amount is taken to be property that belongs to person B; and (b) person A is taken to have obtained the property for person A with the intention of permanently depriving person B of the (3) If a person (person A) causes an amount to be transferred from an account held by someone else (person B) to an account held by a third person (person C): (a) the amount is taken to be property that belongs to person B; and (b) person A is taken to have obtained the property for person C with the intention of permanently depriving person B of the (4) An amount is transferred from an account (account 1) to another account (account 2) if: (a) a credit is made to account 2; and (b) a debit is made to account 1; and (c) the credit results from the debit or the debit results from the credit. (5) A person causes an amount to be transferred from an account if the person induces someone else to transfer the amount from the account (whether or not the other person is the account holder). 228AJ General deficiency A person may be found guilty of the offence of obtaining property by deception in relation to all or any part of a general deficiency in money or other property even though the deficiency is made up of a number of particular amounts of money or items of other property that were obtained over a period of time. Criminal Code Act 1983 224 228AK Obtaining financial advantage by deception (a) the person intentionally engages in deception; and (b) the conduct mentioned in paragraph (a) results in the person obtaining a financial advantage from another person and the person intended that result; and Note for paragraph (c) 228AL Dishonestly intending to obtain gain from Territory with the intention of obtaining a gain from another person; and 228AM Dishonestly intending to cause loss for Territory with the intention of causing a loss to another person; and Criminal Code Act 1983 225 228AN Dishonestly causing loss or risk of loss for Territory (b) the conduct results in a loss, or a risk of loss, to another person and the person knows the loss will happen or knows there is a substantial risk of the loss happening; and (2) Absolute liability applies to subsection (1)(d). 228AO Blackmail and extortion (a) the person makes a demand with a menace of another with the intention of: (i) obtaining a gain from the other person or a third person; or (ii) causing the other person or a third person a loss; or Criminal Code Act 1983 226 (iii) influencing the other person or a third person in the exercise of their public duty; and (c) there are no reasonable grounds for the demand; and (d) the use of the menace is not a proper means of enforcing the demand. (3) Strict liability applies to subsection (1)(c) and (d). public duty means a duty of a public officer. Note for Division 2A Under section 28C of the Local Court (Civil Procedure) Act 1989 and Part 5, Division 1AA of the Sentencing Act 1995 a certificate may be issued to a victim of an offence against section 228C, 228D or 228E. The certificate may assist the victim to deal with any problems caused by the commission of the offence in relation to the victim's personal or business affairs. Under the Local Court (Civil Procedure) Act 1989, the certificate may be issued whether or not any criminal proceedings have been or can be taken against a person in relation to the offence or are pending.