Criminal Code Act 1983
228Making off without payment
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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.