To me they seem like EXACTLY the same offence. My teacher didn't even teach us any cases for OSD. When would I use OSD instead of Making Off?
Thanks for any help
I don't think there are any cases tbh? Just refer to s11 Fraud Act 2006.
'Obtaining' is all about how it was obtained and therefore you'd apply OSD where you see the D doing something dishonest to get a service... It's all in the name of the offence really. Whereas with MOWP, the service/goods needs to have already been provided, it's not about how you got them goods/services it's about making off without paying for what has already been completed. It's all about the timing, before is OSD, after is MOWP.
I don't think there are any cases tbh? Just refer to s11 Fraud Act 2006.
'Obtaining' is all about how it was obtained and therefore you'd apply OSD where you see the D doing something dishonest to get a service... It's all in the name of the offence really. Whereas with MOWP, the service/goods needs to have already been provided, it's not about how you got them goods/services it's about making off without paying for what has already been completed. It's all about the timing, before is OSD, after is MOWP.
I think I get you. So really it's just a matter of when it occurs? It's OSD when you actually obtain the goods or services, and then it's MOWP when you actually make off?
I think I get you. So really it's just a matter of when it occurs? It's OSD when you actually obtain the goods or services, and then it's MOWP when you actually make off?
Yeah pretty much, if you look in the core texbook, there's part near the end which explains it (and probably better than me)