What is the Difference Between Robbery and Larceny?
Are Robbery and Larceny Different Crimes?
Robbery and larceny share some similarities, but there are differences to distinguish between the two crimes clearly. Each crime has different definitions, requirements, and penalties. Larceny can be described as merely the unlawful taking of property, and no acts of violence are committed. The penalties may range from no conviction to shorter periods of incarceration. However, robbery, on the other hand, requires two fundamental elements: the unlawful taking of property combined with an element of assault. The penalties for robbery may include long jail sentences of several years, depending on the level of aggravation.
Robbery offences are set out under Part 4 Division 2 of the Crimes Act 1900.
The 5 Types of Robbery Offences
Robbery is committed in circumstances whereby violence is exerted on a victim or threatened to be committed to the person who stands between the offender and the property. The person is threatened by force or by fear of succumbing to the theft.
The individual may be charged with five types of robbery offences under Part 4, Division 2 of the Crimes Act. The type of robbery offence will depend on the circumstances and seriousness in which the robbery has been committed.
The five types of robbery offences as per Part 4, Division 2 of the Crimes Act are:
Section 94 Crimes Act – Robbery or stealing from a person
Section 95 Crimes Act – Robbery in circumstances of aggravation
Section 96 Crimes Act– Robbery with wounding
Section 97 Crimes Act– Robbery in company or armed robbery
Section 98 Crimes Act– Robbery with arms, etc. and wounding
1. Section 94 Crimes Act – Robbery or stealing from a person
According to Section 94 of the Crimes Act 1900, it is an offence to rob or assault with the intent to rob; or to steal any property, money, or valuables from another person. The offender intentionally engages in unlawfully depriving an individual permanently of their property, money, or valuables. The owner did not give consent to the accused to take the property, and the property was taken by force or by threatening the victim with violence and/or harm.
The accused may be charged with an offence under Section 94 even if the robbery offence did not involve physically violent conduct but just threats or menaces inducing fear.
The accused will be liable for a maximum penalty for the robbery of 14 years imprisonment. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/ or 100 penalty units ($11,000).
2. Section 95 Crimes Act – Robbery in circumstances of aggravation
Section 95 of the Crimes Act 1900 stipulates if the accused committed an offence under Section 94 and they have robbed or assaulted a victim and the circumstances included aggravation, they may be charged with an offence under the Section 95 Crimes Act.
The circumstances of aggravation can be immediately before, at the time of, or immediately after the robbery. Section 95 of the Crimes Act 1900 defines robbery in circumstances of aggravation as:
the alleged offender using physical violence on any person;
the offender intentionally or recklessly inflicting actual bodily harm on any person; or
the offender deprives any person of their freedom
The presence of additional circumstances is important beyond a threat to use violence to effectively aggravate the robbery. The use of force against the victim is more serious than the threat of force alone. The offender will face 20 years imprisonment for a robbery in circumstances of aggravation.
Section 96 Crimes Act – Robbery with wounding
Section 96 incorporates the crimes listed in Sections 94 and 95 of the Crimes Act. The offender will be charged with an offence during a robbery in circumstances with aggravation and whereby the offender has wounded or inflicted grievous bodily onto “any person”. Section 96 specifies the “person” need not be the person who was originally robbed or the person who violence was originally exerted against.
However, if the person is wounded or suffered grievous bodily harm during the robbery, the maximum penalty of 25 years will apply.
Section 97 Crimes Act – Robbery in company/ armed robbery
According to Section 97, an offence of armed robbery is not simply an offence against property. It is also an offence against persons. Armed robbery is a serious crime, and it requires the appropriate punishment. The accused rob any person in circumstances of aggravation armed with a dangerous and offensive weapon in the company of others.
Section 97 applies when the accused is armed with a dangerous weapon. This also includes any adapted instrument used for the purpose of causing harm to a person. Section 97 will also relate to when the accused commit armed robbery in the company of others. All the parties involved in the armed robbery will be equally guilty of the crime despite the level of involvement in the crime. The accused will also be held accountable for any crimes committed by their co-offender.
In addition, Section 97 (2) categorises armed robbery offences upon the actual use of a dangerous weapon. A lesser sentence will be handed down if the offender conceals the weapon and does not use the weapon during the robbery. A more severe sentence will be imposed if the firearm is loaded, available for use, or has been discharged. This availability of the weapon or use of the weapon aggravated the offence, and the victim was forced by fear and/ or might be wounded during the armed robbery.
Section 4(1) of the Crimes Act defines a “dangerous weapon” as:
A firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
A prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
A spear gun.
Section 98 Crimes Act – Robbery with arms, etc. and wounding
Section 98 is the more serious offence under Part 4, Division 2 of the Criminal Act.
The offence states that the accused:
was armed with a dangerous weapon or an adapted instrument to cause harm while robbing or intending to rob a person
was in the company of another person during the robbery or the intention of robbery as per Section 97;
have immediately before, or at the time of, or immediately after the armed robbery assaulted, wounded, or inflicted grievous bodily harm on a victim
Section 33 of the Crimes Act describes the wounding or inflicting grievous bodily harm with intent on a victim. The accused intended to cause grievous bodily harm to a victim.
A victim is wounded when the accused injures any person by breaking the skin. Grievous bodily harm is a serious injury that results in permanent disfiguring, the destruction of a foetus, or any grievous bodily disease. Grievous bodily harm includes but is not limited to, brain injury, broken or fractured bones, psychiatric damage, permanent disfigurement, life-threatening injuries to organs, or anything likely to endanger life.
Wounding is less serious than grievous bodily harm, and it only requires a wound to break the skin. Grievous bodily harm might involve a wound; it does not require layers of skin to be broken. Actual bodily harm is non-permanent, and the victim sustained minor injuries. Grievous bodily harm is more life-threatening with ongoing treatment; long recovery periods and it might cause disfigurement. Injuries do not need to be life-threatening or permanent to be considered grievous bodily harm.
A person who wounds any person or causes grievous bodily harm to any person, with intent to cause grievous bodily harm to that or any other person is guilty of a serious offence. The maximum penalty for this offence is imprisonment for 25 years.
The Meaning of Larceny
Larceny is the legal term for stealing and can be described as the unlawful taking of property that does not belong to you. It is important to note larceny only involves the stealing of physical property. Larceny is also non-violent because the property is taken without the use of any force. The crime of larceny can only be charged if the item has been taken away from the owner. Shoplifting is an example of larceny where the perpetrator takes something from someone’s bag when they are not looking.
The elements of a larceny offence are governed by Section 117 of the Crimes Act. The High Court of Australia in the well-known case of IIich v R (1987) HCA 1, describes larceny as an offence when a person:
- without the consent of the property owner
- fraudulently and without claim of right made in good faith
- takes and carries away property that belongs to someone other than the accused
- with the intention to permanently deprive the owner.
The prosecution must prove, beyond a reasonable doubt, the four physical and three mental elements of larceny to find the accused guilty.
The four physical elements for larceny are:
The person (1) took and carried away; (2) property capable of being stolen; (3) which belonged to another person; and (4) without the consent of the owner.
The three mental elements for larceny are:
The accused acted at the time of the larceny (1) with the intention to permanently deprive the owner; (2) without claim of right; and (3) acted fraudulently or dishonestly.
What is the Difference between Theft and Larceny?
Larceny and theft involve the same act of unlawfully taking another person’s property, but they do have differences.
Larceny is when a person intentionally and unlawfully steals property from another person. Theft describes a broader range of dishonesty offences. These offences can include larceny, car theft, identity theft, robbery, armed robbery, fraud, embezzlement, intellectual property theft, and receiving stolen property.
The influence of the American Justice System and popular culture in the world led to some confusion about the differences between theft and larceny. These words are sometimes misused. Petty theft, common theft, and grand larceny are terms used in the American Justice system. Grand larceny applies when the property stolen was more valuable than a specific amount as identified by the law in America. The charge of grand larceny does not exist in Australia; the legal term larceny is used as a charge in New South Wales courts.
The American offences differentiate between petty theft, common theft, and grand larceny on the grounds of the value of the stolen property. In New South Wales, one offence of larceny covers all the conduct contained in the three American offences. The maximum penalty will change depending on the value of the stolen property, but the offence charged will always be larceny.
The Penalties for Larceny
The maximum penalty charged for larceny is 5 years. If the matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 20–100 penalty units ($2200 – $11,000). This will depend on the value of the goods stolen.
There are also some alternate penalties for larceny offences. These are Section 10 (no conviction recorded), a fine, a community service order, or an intensive correction order. The court will take certain factors into account for the sentence of larceny. These factors are objective factors and the subjective circumstances of the person.
The court needs to determine the objective seriousness of an offence. The following must be considered to determine how serious the specific case of larceny is:
- value of the property
- type of property
- the planning and sophistication of the larceny
- profit or personal use
- alone or in a group
The court must also take the subjective circumstances of a person into account:
- history of criminal behaviour
- age and the offender’s maturity
- the financial circumstance
- family circumstances
- education
- employment history
- mental health and rehabilitation
In conclusion, people accused of robbery, armed robbery, or larceny could face maximum penalties such as imprisonment. However, a criminal defence lawyer will assess the circumstances of the offence, determine the right strategy for your case and navigate the legal system on your behalf. This can be the difference between a conviction for larceny or armed robbery or no criminal record.
