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Understanding Theft vs Robbery
The terms “theft” and “robbery” are often used interchangeably in day-to-day conversation. However, in UK law, the two words refer to notably different offences.
In this article, the criminal defence solicitors at DPP Law discuss understanding theft vs robbery, this distinction, as well as exploring various case studies – such as the “Millennium Dome heist” – and presenting the sentencing guidelines for both theft and robbery.
Understanding Theft vs Robbery: What Constitutes Theft and Robbery in UK Law?
So, what is the difference between theft and robbery, and how does the UK legal system define each? We’ll clarify this terminology below.
Theft
In section 1 of the Theft Act 1968, the offence of theft is defined as “the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it”.
This may include stealing from a person or taking items or money from a property or business.
Robbery
Section 8(1) of the same act defines robbery as a situation during which a person “steals, and immediately before or at the time of doing so, and in order to do so, they use force on any person or puts or seeks to put any person in fear of being then and there subjected to force.”
A related offence is “assault with intent to rob”, whereby the victim is physically attacked by another or others who wish to steal property belonging to them – whether or not this intention is fulfilled.
Key differences
Clearly, the main difference between theft and robbery is the use or threat of force. A situation in which something is stolen without force (or the threat thereof) would usually be defined as theft. When the use or threat of force or violence is involved, the offence would fall into the category of robbery.
Pickpocketing, stealing from a workplace or taking someone’s property from the street – such as a vehicle or bicycle – are all forms of theft.
Shoplifting also falls under the category of theft and is defined as “commercial theft”.
Mugging, carjacking or “holding up” a shop or business in order to steal items or money are all types of robbery.
There may be aggravating factors to a robbery that lead to more severe sentencing – for example, the infliction of serious bodily harm, the use of certain weapons (i.e. firearms or explosives), the victim being a particularly vulnerable individual or the property stolen being of high value.
Case Study: The Millennium Dome Heist
One of the most famous robbery cases in the UK within living memory is known as the “Millennium Dome heist”, or “Millennium Dome raid” – where seven individuals targeted a De Beers diamond exhibition within the Millennium Dome (now the O2). Their intent was to steal items including the Millennium Star, a diamond with a value of approximately £200 million at the time.
Using a digger as a battering ram and armed with nail guns, sledgehammers and smoke bombs, the criminals were able to enter the dome and successfully reach the vault in which they thought the diamonds were being stored.
However, following a tip-off, police had replaced the real diamonds with replicas, and were waiting for the group to reach the vault. Once there, the robbers were ambushed and arrested.
When the case was brought to trial, there was some discussion over the classification of the offence due to the presence of aggravating factors including the value of the items the group intended to steal and the presence of tools that could be used as weapons.
Eventually, the majority of the group were sentenced to between 15 and 18 years for conspiracy to rob, while two of their number were sentenced to four and five years for conspiracy to steal.
Recent Cases Highlighting Theft vs Robbery
Other famous robbery cases include the 2024 Dating App robbery, where five criminals stole thousands of pounds during a series of encounters with men they met on dating apps and on nights out.
Due to the coercive and often violent nature of their interactions with victims, members of the group were convicted of robbery and conspiracy to commit robbery, and received sentences of between 12 and 17 years’ imprisonment.
The Sandbanks home invasion of 2023 involved two men threatening two women with an imitation firearm.
While the weapon was fake, the women perceived the threat to be genuine. They were also assaulted during the course of the offence. This resulted in robbery convictions, with one of the perpetrators receiving a life sentence with a requirement to serve at least nine years and 192 days, and the second being jailed for 12 years with an additional four year extended licence period.
Another case from 2023 was the attempted street robbery of a Rolex watch in Paddington, West London, where the use of force saw one perpetrator jailed for 45 months and another for three years.
Why the Distinction Matters
So, why is it important to know the difference between theft and robbery? Naturally, the significant impact on victims – resulting from the use of threat or force – is significant, which is one of the reasons why society’s appreciation of this distinction is vital.
From a legal standpoint – whether for prosecutors, victims or defendants – throughout preparations for a case, the development of a legal defence and the understanding of potential sentences, knowledge of the difference between theft and robbery is also exceptionally important.
For general theft, custodial sentences can reach up to seven years – while, for robbery, as seen in the Sandbanks home invasion – the maximum sentence is life imprisonment.
What do I do if I’m facing theft or robbery charges?
Due to the significant possible sentences involved, it is vital for anyone who believes they may be investigated for theft or robbery to instruct a solicitor immediately.
At DPP Law, we have a superb track record in representing individuals accused of offences of this kind. Our specialists can help you to collect evidence to prove your innocence, or to disprove aggravating factors that may result in a longer sentence.
We are able to accompany you to interviews and hearings throughout the process, and can also represent you in a court of law.
For further information or to instruct our solicitors, please contact us at your earliest convenience.