Legal Definitions - Theft - Burglary
What is the difference
between theft, robbery and burglary?
Theft is ‘the dishonest appropriation of property
belonging to another with the intention of permanently
depriving that person of it’.
Put simply this means taking
someone else’s property intending it will not
be returned. There needs to be an element of dishonesty
present. If someone believes they have a right to
take property or the owner would have consented, this
could mean a theft has not been committed.
Robbery is where ‘a person
steals and immediately before or at the time and in
order to do so, uses force on any person or puts or
seeks to put, any person in fear of being, then and
there, subjected to force’.
Basically, robbery involves
violence or the threat of violence and something being
stolen. For example, someone is approached in the
street, knocked to the ground and their wallet or
handbag is stolen.
It is also robbery to be approached
by someone, threatened with a knife or similar weapon
and have your property taken.
Robbery can take many forms
ranging from a street mugging as described above,
to an armed robbery of a bank.
A burglary is where someone
enters a building, or part of a building, as a trespasser
with the intent to steal, inflict grievous bodily
harm, rape, or commit criminal damage or…
Having entered any building,
or part of a building as a trespasser, the person
is guilty of an offence if they steal, attempt to
steal, inflict grievous bodily harm, or attempts to
commit grievous bodily harm.
It is not uncommon for people
to say ‘My house has been robbed’ when
they actually mean they have been burgled. Unless
a degree of violence is used or threatened, it is
NOT robbery.