Whilst stealing, robbery and burglary may appear to the public to be the same offences, there are significant differences between them. These differences can result in:
different elements for the prosecution to prove their case;
the availability of different defences; and
different penalties following conviction.
Stealing (often referred to as theft), is defined as fraudulently taking the moveable property of another person, or to fraudulently convert the property of another person to one’s own use, without the owner’s consent.
To take or convert an item capable of being stolen in a fraudulent manner requires a degree of intention in the act of stealing. Fraudulence is present where there is an intent to:
Actions that might constitute stealing include:
The maximum penalty for the offence of stealing is five years’ imprisonment, or three years’ imprisonment if the matter is resolved in the Magistrates Court. The maximum penalty increases to 10 years’ imprisonment if:
Where the property stolen is a firearm and is stolen for the purpose of committing an indictable offence, or the property stolen is a vehicle, the maximum penalty can be increased to 14 years’ imprisonment.
Possible defences to the offence of stealing can include:
Robbery is the use or threatened use of violence to facilitate the act of stealing.
Pursuant to section 409 of the Criminal Code Act (Qld) 1889 (‘the Criminal Code’), robbery is said to occur where a person steals anything and, immediately before or after the time of stealing, uses or threatens to use actual violence to the person or property in order to obtain the thing being stolen or to prevent or overcome resistance to its being stolen.
Actions that might constitute robbery include:
The maximum penalty for the offence of robbery is 14 years’ imprisonment.
Possible defences to the offence of robbery can include:
Burglary differs from robbery in that the victim does not necessarily need to be present at the time.
Burglary occurs when a person enters or is in the dwelling of another with the intention to commit an indictable offence in the dwelling. Stealing is the most common offence intended during a burglary; however, the crime is committed if the offender commits any indictable offence in the dwelling, including assault or murder.
Actions that might constitute burglary include:
The maximum penalty for burglary is generally 14 years’ imprisonment.
Possible defences to the offence of burglary include:
In criminal law, an ‘aggravated’ offence generally means that there is a factual circumstance alleged by police which makes the charge more serious than the standard charge.
An aggravated offence will attract harsher penalties in recognition of the circumstances of the offending. At least one circumstance of aggravation must be proved beyond reasonable doubt for the offence to be an aggravated offence.
For example, the penalty for robbery will be increased to life imprisonment if any of the following aggravating features are present:
Similarly, the penalty for burglary increases from 14 years imprisonment to life imprisonment if any of the following aggravating features are present:
Importantly, circumstances of aggravation do not create separate offences; robbery and aggravated robbery and burglary and aggravated burglary are still the same offence. The differences between the two categories (aggravated and not aggravated) are that the maximum penalty is increased when aggravating circumstances are present.
The offences of stealing, robbery and burglary are serious criminal offences. If you or a loved one has been charged with these offences you should obtain urgent advice about your options.
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This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Gilshenan & Luton, Criminal & Employment Lawyers Brisbane and Sunshine Coast, Queensland.