117 Making off without payment (1) In this section “payment on the spot” includes (a) in relation to the provision of a service, payment at the time of collecting goods on which work has been done or in respect of which a service has been provided; (b) payment before leaving the premises in or upon which the service or goods were provided. (2) Any person who benefits from a service or consumes any goods lawfully provided to him or her and, knowing that payment on the spot for the service or goods is required or expected from him or her, intentionally makes off without paying for the service or goods, shall be guilty of making off without payment, and liable to  (a) a fine not exceeding level seven or not exceeding twice the value of the service or goods which form the subject of the charge, whichever is the greater; or (b) imprisonment for a period not exceeding two years; or both. (3) If it is proved in a prosecution for making off without payment that a person, having benefited from a service or consumed any goods lawfully provided to him or her, absented himself or herself without paying for the service or goods, and that the service or goods are of a kind for which payment on the spot is ordinarily required, then it shall be presumed, unless the contrary is proved, that (a) he or she knew that payment on the spot for the service or goods was required or expected from him or her; and (b) he or she intentionally made off without paying for the service or goods. 118 Mistake of fact in cases of theft, stock theft or unauthorised borrowing or use of property (1) It shall be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused took the property concerned, genuinely but mistakenly believing that (a) the owner of the property, or the person entitled to possess or control it, had consented to the taking or would have consented if he or she had known of the circumstances; or (b) the property was his or her own property and no other person was entitled to possess or control it; or (c) the property had been finally and absolutely abandoned, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights to it: Provided that such a belief shall not be a defence to a charge of theft of lost property unless (i) regard being had to the nature and value of the property and the circumstances of its finding, the belief was reasonable; or (ii) the accused took all reasonable steps to find the owner of the property and reported his or her finding of it to the police or other appropriate authority. (2) Subsection (1) shall not be construed as limiting or excluding the application of Chapter XIV in relation to theft, stock theft or unlawful borrowing or use of property. (3) Where a person takes possession or control of any property with the mistaken consent or acquiescence of the person from whom he or she takes it, that consent shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property if the person who takes the property (a) knows of the mistake at the time he or she takes the property; or (b) deals with or uses or keeps the property after he or she has become aware of the mistake. 119 Unavailable defences to charge of theft, stock theft or unauthorised borrowing or use of property (1) It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the person charged (a) took the property concerned in circumstances other than those described in subsection (1) of section one hundred and eighteen, genuinely but mistakenly believing (i) that he or she had a legal right to take the property on his or her own behalf or on behalf of someone else; and (ii) in the case of a charge of theft, that he or she had a legal right permanently to deprive the person from whom he or she took the property of his or her ownership, possession or control of it; or (b) did not intend to gain any personal benefit from the property concerned; or (c) needed the property concerned because he or she was suffering hardship; or (d) believed that the person entitled to own, possess or control the property had more property than he or she needed for his or her own purposes; or (e) did not intend to prejudice the person entitled to own, possess or control the property; or (f) in the case of a charge of theft or stock theft, intended to return the property to the person entitled to own, possess or control it, having originally taken it with the intention of permanently depriving that person of his or her ownership, possession or control; or