Dine and Dash

The offence of fraudulently obtaining food, beverage or accommodation is outlined in section 364(1) of the Criminal Code.

A person commits the offence of fraudulently obtaining food, beverage, or accommodation when they obtain food, a beverage, or accommodation from any business that provides these things after not paying for it and

  • making a false show or pretence of having baggage,
  • having false or pretended baggage,
  • stealthily removing or attempting to remove their baggage,
  • stealthily or quickly leaving the premises,
  • making a false statement to obtain credit or time for payment, or
  • offering a worthless cheque, draft, or security in payment.

Examples

Person A, when checking out of a hotel room, says they will return to pay their bill after loading their baggage in their car. However, person A does not have any baggage, and when they get to their car, they drive off without paying for their accommodation at the hotel.

Person B quickly sneaks past the waiters and out of the restaurant after eating without paying their bill.

Person C writes the clerk at the Beer Store a bad cheque in exchange for 5 cases of beer.

Cases

R. v. Williams, 2017 ONCJ 818

In R. v. Williams, the accused was convicted of one count of fraudulently obtaining food, beverage, or accommodation when he ordered $127.00 worth of drinks at a bar and offered to pay $60.00 instead or to return later to pay the bill, both options which the owner did not agree to, and then left without paying.

Offence Specific Defence(s)

Not Food, Beverage, or Accommodation

Where the person does not pay for something other than food, a beverage, or accommodation, they may not have completed the offence of fraudulently obtaining food, beverage, or accommodation. They may, however, have committed another offence.

Paid

Where the person does pay for the food, beverage, or accommodation, they will not have completed the offence of fraudulently obtaining food, beverage, or accommodation.

No Fraudulent Intention

Where the person does not pay for food, beverage, or accommodation without fraudulent intent, they may not have completed the offence of fraudulently obtaining food, beverage, or accommodation. There may not be fraudulent intent where the owner has permitted the person to have the food, beverage, or accommodation for free, where the person will pay later, or where someone else has agreed to pay for the person.

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