Theft, Burglary and Robbery: Understanding the key differences

Theft, Burglary and Robbery: Understanding the key differences

At Rees Clayton Solicitors, we understand that being accused of committing a criminal offence can be a stressful and life-changing experience. Whilst theft, burglary and robbery are often grouped together, they do have distinct legal definitions and consequences. Understanding the differences is vital for navigating the criminal justice system in the UK.

Theft

Theft is one of the most common property crimes committed within the UK. As defined under the Theft Act of 1968, “A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

For a charge of theft to be proven, the prosecution must establish several key elements such as:

1. Appropriation: The act of taking something without permission.
2. Property: This includes items such as money or possession as well as items such as intellectual property.
3. Belonging to another: The property must be owned or controlled by someone other than the person being accused.
4. Dishonesty: The defendant must have acted dishonestly in taking the property.
5. Intention to permanently deprive: Temporary borrowing does not generally constitute theft.

The circumstances surrounding theft can vary and therefore sentences can also depend on different factors. Minor thefts can lead to community orders or fines whilst significant thefts can include a starting point of 3 years and 6 months in custody.

Burglary

Burglary involves entering a building or part of a building as a trespasser with the intent to commit a crime. Stated within the Theft Act of 1968, a person is guilty of burglary if they enter a building as a trespasser with the intent to commit an offence such as stealing anything from the property, inflicting grievous bodily harm or acting in unlawful damage to the building or anything therein.

The key to a burglary charge is the concept of trespassing. Even if nothing is stolen, unlawful entry to a property with criminal intent still qualifies as burglary.

As with theft, the circumstances surrounding burglary can vary, and therefore sentences can also do so. There are different definitions for the type of burglary, each coming with their own penalties.

• Non-domestic burglary: A specified offence committed with the intent to inflict grievous bodily harm on a person or to do unlawful damage to a building or anything within a non-residential premises. Depending on the circumstances surrounding the offence, the penalties can vary from a low-level community order up to a maximum of 10 years in custody.
• Domestic burglary: This offence is only applicable to domesticated properties including their attached buildings such as garages. As with non-domestic burglaries, this is committed with the intent to inflict harm on another person or to create unlawful damage to the building or items within. The penalties for the offence can vary from low-level community order to a maximum of 14 years in custody.
• Aggravated burglary: This is a more serious offence where the defendant is armed with a weapon during the burglary such as a firearm, imitation firearm, weapon of offence or and explosive. Penalties for committing aggravated burglary can start from 1 year in custody to a maximum of life imprisonment depending on the seriousness of the offence.

Robbery

Defined under Section 8 of the Theft Act of 1968, robbery is the use of threat to steal property. In essence, this is theft combined with violence or intimidation. For a robbery charge to be upheld, the following elements must be present:

• Theft: There must be an act of dishonest appropriation with an intent to permanently deprive someone of property.
• Use or Threat of Force: Force must be applied or threatened immediately prior to or during the act of the theft.
• Intent to steal: The use of force must be directly linked to stealing property.

Robbery is considered a serious criminal offence due to the use or threat of violence. It carries a maximum sentence of life imprisonment, dependant on factors such as the level of violence used, the value of stolen items and the defendants criminal history.

Defences
As with any criminal offence, defending against these charges requires a deep understanding of the law and the specific circumstances in which the offence was committed. Common defences include:

• Lack of Intent: Demonstrating the accused did not intend to steal or commit a crime.
• Mistaken Identity: Challenging the evidence linking the defendant to the crime.
• Duress: Showing that the defendant was forced to commit the crime under threat of harm.
• Mental Capacity: Arguing that the defendant was lacked the mental capacity to form intent.
• Procedural Errors: Highlighting mistakes in the investigation or legal process.

Why choose Rees Clayton Solicitors

Facing criminal charges can feel overwhelming but having the legal team on your side can make all the difference. At Rees Clayton Solicitors, we provide compassionate, expert advice and representation tailored to each client’s needs. Our team understands the nuances of theft, burglary and robbery cases and works tirelessly to protect your rights and secure the best possible outcome.