Robbery, burglary and theft are serious criminal offences under Victorian law. While both robbery and burglary typically involve theft, the law distinguishes between robbery and burglary based on the specific elements of each offence. This article aims to clarify the differences between these offences and provide a clear understanding of theft, robbery and burglary within the legal context in Victoria.
If you are facing charges for robbery, burglary or theft in Victoria, contact our experienced Dribbin & Brown Criminal Lawyers.
What is theft?
The offence of theft is created by section 74 of the Crimes Act 1958. The basic definition of theft is outlined in section 72(1) of the Crimes Act 1958, where a person steals if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Further explanation of theft is provided in section 73, which clarifies various aspects related to the interpretation and operation of section 72.
The key elements of theft per sections 72 and 73 include:
- Appropriation of property: Theft involves the appropriation of property belonging to another without their consent. Appropriation occurs when a person assumes any of the rights of the owner and adversely interferes with or usurps the owner’s rights in some way.
- Dishonesty: The appropriation of property must be done dishonestly, as outlined in section 73(3). This means that the accused’s actions would be deemed dishonest by the standards of ordinary people.
- Intention to permanently deprive: The accused must have the intention of permanently depriving the owner of the appropriated property. This intention may be inferred from the circumstances surrounding the appropriation.
What is robbery?
Robbery, as defined under section 75 of the Crimes Act 1958, occurs when a person steals and, immediately before or at the time of doing so, the person uses force on any person or puts or seeks to put any person in fear that they or another person will be subjected to force.
The definition of robbery emphasizes the use of force or the threat of force to facilitate the theft from a person.
What is burglary?
Burglary, as defined under section 76 of the Crimes Act 1958, involves the unlawful entry into any building or part of a building as a trespasser with the intent to commit specified offences, including theft. Unlike robbery, burglary does not require direct confrontation with a victim but focuses on the unlawful entry with criminal intent.
A person is guilty of aggravated burglary if the person committed a burglary and at that time the person had a weapon or (s77)
Specified offences
An accused will have committed burglary if they entered as a trespasser with the intention to steal something or commit an offence punishable by imprisonment for 5 years or more involving either:
- An assault to a person in the building; or
- Damage to the building or property in the location (s76).
Key differences between robbery and burglary
Presence of violence or threat: Robbery involves the use of force or threats against the victim during the commission of theft, while burglary pertains to unlawful entry into a building with the intent to commit a crime, without necessarily involving direct confrontation with the victim.
Intent: Robbery specifically targets theft from a person, emphasizing the use of force or threats, while burglary centres on the intent to commit various specified offenses, including theft, upon entry into the building.
Location: Robbery can occur anywhere, as long as there is direct interaction with the victim during the commission of the theft. Burglary pertains specifically to unlawful entry into buildings or parts thereof, with the intent to commit a specified crime.
Differences in penalties
Theft, robbery and burglary are indictable offences under Victorian law. A person guilty of theft is liable to a maximum penalty of 10 years imprisonment (Crimes Act 1958 s74(1)).
A person guilty of robbery, is liable to a maximum term of 15 years imprisonment (s75(2)). A person guilty of armed robbery is liable to a maximum penalty of 25 years imprisonment (s75A(2)).
A person guilty of burglary is liable to a maximum term of 10 years imprisonment (s76(3)). A person guilty of aggravated burglary is liable to a maximum penalty of 25 years imprisonment (s77(2)).
Conclusion
In conclusion, robbery, burglary and theft represent distinct criminal offences under Victorian law, each with specific elements and consequences outlined in the Crimes Act 1958.
Theft is the dishonest appropriation of property belonging to another, robbery involves theft from a person with the use of force or threats, while burglary entails unlawful entry into a building with the intent to commit ‘specified offences’, such as assault or property damage.
Understanding these differences is essential for legal practitioners and the general public to navigate the complexities of criminal law in Victoria.
