Difference Between Theft, Robbery and Burglary
Theft, robbery, and burglary are examples of crimes against property that are grave offences with potentially severe legal repercussions.
Despite the fact that these terms are frequently used synonymously, they have different meanings and consequences.
This article examines the distinctions between burglary, robbery, and theft, as well as their subcategories, and the ways in which a lawyer can support those facing criminal charges.
According to Section 94 of the Crimes Act 1900 (NSW), robbery or stealing from a person can be punishable by significant terms of imprisonment in NSW.
The prosecution must establish the offence beyond a reasonable doubt by demonstrating that you:
attacked or robbed someone else with the goal to steal anything from them, including valuables, cash, or security.
Theft Offences
Theft is a general term for the unlawful taking of another person’s or company’s property or services without that person’s or company’s permission.
It is also referred to as larceny or stealing. It includes a number of subcategories, such as deceit, grave infringement on property rights, general deficiencies like embezzlement, obtaining personal property illegally, receiving stolen property, identity theft, and pet theft.
The prosecution must demonstrate that the accused stole the property of another person with the specific intent to permanently deprive the rightful owner in order to obtain a conviction for theft.
NSW reference: Larceny is found at s 117 of the Crimes Act 1900 (NSW) and can carry up to 5 years imprisonment depending on how it is prosecuted. See our overview of theft and robbery law and our Sydney guide to theft and burglary.
Robbery Offences
Robbery is a serious criminal offence that includes theft and the threat or actual use of force.
Robbery necessitates that the perpetrator confronts the victim and use force or intimidation in order to take their property, in contrast to theft, which can be committed without making direct contact with the victim.
There are two types of robbery offences: armed robbery, which involves the use of a weapon, and unarmed robbery, which involves the use of force or intimidation without the use of a weapon.
The prosecution must show three things in order to prove a defendant is guilty of robbery: they stole the property, used force or threatened to use force, and intended to deprive the owner of it permanently.
NSW reference: See s 94 (robbery), s 95 (aggravated robbery) and s 97 (robbery while armed or in company). For practical court guidance, see the Judicial Commission Bench Book notes on break and enter and related offences. If you have been charged, read our page on common criminal charges in Sydney and speak to our criminal lawyers.
Aggravated Offence – Robbery
Aggravated Robbery is a criminal aggravated offence under Section 95 of the Crimes Act 1900 (NSW).
- The definition of an aggravated robbery includes serious offending where a victim is compelled by force or fear to submit to the offence.
- The key element is that the victim is compelled by force or fear. Physical force is not always necessary if fear of violence is proven.
- The offence occurs in circumstances of aggravation.
- Situations where aggravated robbery is an indictable offence
- These include:
- Use of corporal violence.
- Intentional or reckless infliction of actual bodily harm.
- Deprivation of liberty.
- These include:
- Penalty:
- Aggravated robbery carries very significant maximum penalties in NSW. For context, robbery (s 94) is up to 14 years, aggravated robbery (s 95) up to 20 years, and armed robbery with wounding (s 97(2)) up to 25 years.
- Defences:
- Possible defences include:
- Self-defence
- Duress
- Necessity
- Claim of right
- Possible defences include:
Burglary Offences
The illegal entry into a home or building with the intention of committing a crime there, usually theft, is known as a burglary. In contrast to theft and robbery, burglary does not necessitate face-to-face interaction with the victim.
It may entail breaking and entering or gaining unauthorised access through a window or door that is open. The prosecution must show that the accused broke into a building or other piece of property with the intention of committing a crime there in order to get a conviction for burglary.
When a weapon is used to attack someone on the property during a break-in, the perpetrator is typically charged with both assault and robbery, depending on the circumstances.
NSW reference: In NSW this is dealt with as break, enter and commit a serious indictable offence under s 112 Crimes Act 1900 (NSW). Penalties range up to 25 years depending on aggravation. See our practical guide to theft and burglary in Sydney.
What does the Crimes Act 1900 say about Robbery Law?
Under Part 4, Division 2 of the Crimes Act, a person can face charges for different robbery offences. The objective seriousness and specific circumstances will determine the precise charge.
Robbery combines elements of larceny and assault.
1. There must be an unlawful taking and carrying away of property with the intention of permanently depriving the owner or person in lawful possession.
The property must be taken without consent. Consent obtained by force or threat is not consent.
2. The property must be taken from the person, in their presence, or from their immediate personal care and protection.
3. The property must be taken by actual violence or by putting the person in fear of actual violence. Alternative verdicts can apply depending on the charge. See Criminal Law and our explainer on common charges in Sydney.
How can a Criminal Lawyer assist you?
When there is a disagreement, a denial that someone was there, or doubts regarding the specifics of the alleged victim’s handover of the property, the charge of robbery is frequently defended.
The fact that there is a threat of violence after property has been taken does not establish the robbery. Alternatively, the stealing happens after a violent act as a distinct incident.
The penalties for robbery offences are very severe under the law. To get off the charge or receive a lighter sentence, you need an experienced criminal defence solicitor. See our pages on criminal defence, what happens in criminal matters, and theft and robbery law. To speak with an experienced criminal lawyer, contact Jameson Law or call (02) 8806 0866.
Useful official resources: Crimes Act 1900 (NSW) | NSW Police crime information | BOCSAR crime statistics | Judicial Commission Bench Book | Local Court of NSW
