It is not uncommon for the offences of theft, robbery, and burglary to be used interchangeably both in the media and in everyday conversation, but there are some very specific and definite differences between these offences in law.
Theft
A theft occurs when someone dishonestly takes something from someone else and has no intention of giving it back. A very simple and common example is shoplifting – when someone enters a shop, slips a chocolate bar into their pocket, then leaves without paying. This is an example of a very low-level theft, but it is easy to think of much bigger and more sophisticated examples of theft. An example might be an Organised Crime Group (OCG) stealing plant machinery to order before delivering it to their “customer”, or a factory worker stealing items from their employer which they take home, advertise, and sell for a profit on auction websites.
So, stealing (or theft) can involve items of very low value or involve items which are virtually priceless. Equally, theft can be committed on the spur of the moment or involve a great deal of intricate planning. For this reason, theft can be dealt with in the magistrates’ court or the Crown court and carries a maximum sentence of 7 years’ imprisonment.
Robbery
An important element of robbery involves theft. However, there is a big difference between the two offences, because for a robbery to be committed the robber must, either immediately before, or at the time of committing the theft, and in order to do so, use force or put the victim in fear that force would be used.
The differences between theft and robbery should be immediately apparent: it is the element of force (either being used or threatened). An everyday example is when someone is “mugged” – the mugger threatening the victim by punching them, or using a knife, then making off with their wallet. A more serious example might be a robber going into a post office armed with a gun and threatening to use the gun unless money is handed over.
It is because of this element of force that robbery tends to be treated much more seriously than theft. Robbery is an offence which can only be dealt with in the Crown court for an adult and, for the most serious examples, carries a life sentence.
Burglary
The most common type of burglary, and the most well-known, occurs when a person enters a building as a trespasser, with the intention to steal. However, it is less well known that a burglary does not always involve a theft or an intention to steal; a burglary is also committed if a person enters a building as a trespasser intending to inflict grievous bodily harm or intending to do unlawful damage.
The offence of burglary is also made out if, after entering as a trespasser, the offender steals (or attempts to steal) or inflicts (or attempts to inflict) grievous bodily harm. In other words, it is possible to be guilty of the offence even if the intention to steal or inflict GBH is formed after entering as a trespasser.
There are 3 types of burglary recognised in law:
Domestic burglary – this type of burglary occurs when the offender commits the offence of burglary (as detailed above), by entering a building in which people live – usually houses or flats. However, a moment’s thought makes it obvious that the offence can be made out by an offender entering a narrow boat, a motorhome, or a caravan. It is settled law that a dwelling burglary can also be committed if the offence is committed in a garage linked to a house.
The maximum sentence for a domestic burglary is 14 years’ imprisonment.
Non-domestic burglary – The simple definition for a non-domestic burglary is where the offence takes place in a building not used for habitation, for example, an office or a warehouse. The maximum sentence for a non-domestic burglary is 10 years’ imprisonment.
It is worth noting that the term “enters as a trespasser” may in some instances be slightly misleading. It is possible to enter a building with the consent of the owner but then go on to commit the offence. A good example would be if you went into a shop, but whilst the shopkeeper’s back was turned, entered a storeroom meant only for staff, and took an item without paying. As the storeroom was meant just for staff, you would be deemed to a trespasser, and so the offence would be complete.
Aggravated burglary – This is the most serious type of burglary and occurs when at the time of committing the offence, the offender has with him a firearm, imitation firearm, any weapon of offence (an article made or adapted for causing injury) or any explosive. Owing to this added element of having a weapon, this offence is treated very seriously by the courts and is the only one of the burglary offences mentioned above that can only be dealt with in the Crown court.
Between us at SMART Criminal Defence, we have years of experience securing the best results for clients accused of these offences. We would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.
