Theft, Burglary, and Robbery: What are the Differences?

Many people from all over the world often confuse the terms theft, burglary, and robbery. The case is no different in Australia. You are probably here because you want to find out yourself what these terms mean and what the difference is between them.

While all three crimes are indeed some type of stealing offence, each one is different in their meaning and respective legal implications. This is what we’ll highlight in this article. If you want to understand how theft, burglary, and robbery are different in the eyes of the law, keep reading to learn more.

Theft

Theft, as outlined in Section 308 of the Criminal Code 2002, is the act of a person who “dishonestly appropriates property belonging to someone else with the intention of permanently depriving the other person of the property.”

This crime carries a penalty of 1,000 penalty units, 10 years of imprisonment, or both.

There is also what’s described as minor theft, which has a similar definition except that the value of the stolen property is $2,000 or less. The penalty for this offence is 50 penalty units, 6 months of imprisonment, or both.

Burglary

Section 311 of the Criminal Code 2002 (ACT) provides that burglary is the act of entering or remaining in a building as a trespasser with the intent of either committing theft of any property in the building, committing an offence that involves causing harm to anyone in the building, or to commit an offence involving causing damage to the property. The word building can refer to a structure such as a house and apartment, or mobile shelters such as a caravan or mobile home.

The penalty for this crime is a maximum of 1,400 penalty units, 14 years of imprisonment, or both.

A more serious offence, called aggravated burglary, takes place when there are two or more people committing the crime or if the perpetrator is armed with a weapon. The penalty for this is 2,000 penalty units, 20 years of imprisonment, or both.

Robbery

Lastly, robbery is a situation where an act of theft is committed immediately before or after the use of force (or threatened use of force there and then) on someone else. The perpetrator would have to have used force (or threatened to do so) whether to appropriate another person’s property or to escape from the scene of the crime.

The penalty for robbery is a maximum of 1,400 penalty units, 14 years of imprisonment, or both.

Similar to burglary, robbery is elevated to aggravated robbery if there is more than one perpetrator or if the act was carried out with a weapon. This crime carries with it a maximum punishment of 2,500 penalty units, 25 years of imprisonment, or both.

Conclusion

Most of the offences listed above are indictable only cases, which means the charge is more serious, must be dealt with in the ACT Supreme Court, and a defendant has additional rights, including often the right has the right to trial by jury. Minor theft is a summary offence, which is a charge that is dealt with summarily by a Magistrate in the ACT Magistrates Court.

Note that each penalty unit, according to Section 133 of the Legislation Act 2001, is equivalent to $160. This means that the maximum punishment for aggravated robbery can include a fine for $400,000 (2,500 PU x 160 AUD) in the Australian Capital Territory.

If you are looking for more legal information or advice in the ACT, don’t hesitate to send us a message or contact us.

If you have been charged with a burglary offence, robbery offence, or theft offence, contact us today. We are leading criminal lawyers serving Canberra, Wollongong, Queanbeyan, Goulburn and surrounding locations in Australia, and we’d be happy to represent you and fight for you.