The defendant appealed a conviction for fare evasion, saying that it had been his intention to pay at the end of his journey.
Held: The section references to ‘dishonestly’ and the specific intention ‘to avoid payment’ were not two separate elements in the mens rea of the offence. Woolf LJ said: ‘It is clear from the first clause of section 5(3)(a) that the traveller is not to travel on the railway without paying the fare for the intended journey before he begins that journey. The intention that has to be proved is intention to avoid that obligation, ie, payment of the proper fare before he begins his journey.’
Judges:
Cummin-Bruce J, Woolf LJ
Citations:
[1978] 1 WLR 400
Statutes:
Regulation of Railways Act 1889 5(3)
Crime, Transport
Updated: 18 May 2022; Ref: scu.276465
