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 of 1900, robbery or stealing from a person is punishable by a maximum of 14 years in prison.
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.
Theft carries a maximum penalty of 10 years imprisonment and is found at section 308 of the Criminal Code Act 2002.
Part 3.2 of the Code provides detailed definitions for the terms “Dishonesty,” “Appropriation of Property,” “Person to Whom Property Belongs,” and “Intention of Permanently Depriving.”
Even if the person appropriating the property was willing to pay for it, it can still be considered dishonest.
The act of assuming an owner’s rights without the owner’s consent is known as “appropriation.” According to the Code, this definition is applicable even in cases where someone innocently came into possession of property and later on took on ownership rights.
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.
The maximum sentence for robbery charges, as stipulated by section 137 of the Criminal Law Consolidation Act 1935, is 15 years imprisonment for a basic offence and life imprisionment for an aggravated offence.
Aggravated Offence – Robbery
Aggravated Robbery is a criminal aggravated offence under Section 95 of the Crimes Act 1900 in New South Wales, Australia.
The definition of an aggravated robbery serious offences such as robbing or assaulting another person with the intention to rob, or stealing any chattel, money, or valuable security directly from the person of another, or similar offences.
The key element is that the victim is compelled by force or fear to submit to the specific offence. It’s not necessary for the offender to apply physical force; putting the victim in fear of violence is sufficient.
The offense 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.
Penalty:
Aggravated Robbery carries maximum penalties of 20 years imprisonment.
Defences:
Possible defences include:
Self-defence: If the person accused of a robbery charge acted to protect themselves.
Duress: If the person convicted were forced to commit the offence.
Necessity: If committing the offence was necessary to prevent a greater harm or further aggravating factors.
Claim of right: If the person found guilty genuinely believed they were legally entitled to the property stolen.
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 doesn’t 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.
Life in prison is the maximum penalty for aggravated burglary.
The revised guidelines for sentencing for aggravated burglary will took effect on July 1, 2022.
Depending on the offender’s and the offense’s culpability and harm factors, they offer a range of imprisonment from 1 to 13 years. In order to provide greater flexibility in sentencing, the updated guidelines also include new intermediate categories for both culpability and harm factors.
According to Section 17 of the Summary Offences Act 1953 (SA), trespassing on primary production premises carries a maximum penalty of $5,000 or six months in jail.
Otherwise, any additional property will be subject to a $2,500 fine or six months in jail. If there is also damage or assault as part of the aggravated burglary offences, there are additional penalties.
Burglary differs from robbery because the victim does not necessarily have to be present at the time of the burglary.
Burglary is also considered one of the very serious criminal offences and carries a serious penalty under criminal law.
An aggravated burglary occurs when the alleged offender enters and is armed with a dangerous weapon or instrument and uses violence on the victim.
Burglary or “break, enter, and steal” is a criminal offence under Section 112 (1) of the Crimes Act 1900 (NSW).
Burglary is a serious offence and the offender can be charged whether the person steals with or without a dangerous or offensive weapon.
What does the Crimes Act 1900 say about Robbery Law?
Under Part 4, Division 2 of the Crimes Act, a person can currently face charges for five different types of robbery offences. The objective seriousness of the robbery and the specifics of its commission will determine the type of robbery offence for which the accused is charged.
“Robbery is a hybrid offence containing 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 thereof.
The property must be taken without the consent of the latter, and “consent” obtained by force or by threat (putting that person in fear of violence) is no consent.
It may be necessary to direct the jury as to other elements of the offence of larceny depending on the circumstances of the particular case. For instance, a claim of right may be raised. As to larceny generally, see [5-6100].
2. The property must be taken —
(i) from the person of another;
(ii) in the presence of another;
(iii) from the immediate personal care and protection of another.
3. The property must be taken by actual violence or by putting the owner or person in lawful possession in fear of actual violence. Section 94 also creates offences of “assault with intent to rob” and “steal from the person”.
Alternative verdicts may be that on any charge under s 94 of the Crimes Act 1900, an alternative verdict of “attempt” is available.
On robbery charges or stealing from the person, an alternative verdict of an assault with intent to commit the offence is also available: Criminal Procedure Act 1986, s 162.
On robbery charges or stealing from the person there may be a conviction for larceny under s 117 of the Crimes Act 1900.
Where the charge is under s 95 of the Crimes Act 1900, alleging robbery etc in circumstances of aggravated offences, an alternative verdict under s 94 of the Act may be returned, as may a verdict under s 117.
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 attorney. It can be the difference between freedom and a prison sentence.
To speak with an experienced criminal lawyer regarding these serious criminal offences or separate offences, contact our firm today.
