Robbery vs Theft: What Is the Difference?

The short answer

Theft is taking property without the owner's consent. Robbery is theft, or an attempt at theft, combined with violence, threats or a weapon. The difference is enormous: theft carries up to 10 years and can sometimes be resolved without a conviction, while robbery carries up to life and cannot end in a discharge. Whether force or threats were really part of the taking is often the most important issue in the case.

The elements compared

Theft

• Definition: Theft means taking property without consent, intending to deprive the owner of it.
• Penalty: The maximum is 2 years for theft of $5,000 or less, or 10 years for theft over $5,000.
• Options: Theft can be prosecuted summarily, and a discharge is possible.

Robbery

• Definition: Robbery means theft combined with violence, threats or a weapon.
• Penalty: The maximum is life.
• Options: Robbery is indictable only, and a discharge is not available.

The four types of robbery

Section 343 sets out four ways to commit robbery:

1. Violence or threats: Stealing, and using violence or threats of violence to take or keep the property, or to stop resistance.
2. Personal violence: Stealing from someone and, at the time, wounding, beating, striking or using personal violence against them.
3. Assault with intent to steal: Assaulting someone with intent to steal from them, even if nothing is taken.
4. Armed: Stealing from someone while armed with an offensive weapon or an imitation of one.

When theft becomes robbery

• Shoplifting: A shoplifting incident can become robbery if it involves pushing past or struggling with security staff. See shoplifting and petty theft.
• A snatch-and-run: Grabbing an item and running is usually theft, but it can become robbery if force is used against the person.
• Claiming to have a weapon: Saying you have a weapon, even falsely, can be a threat of violence.

"Strong arm" robbery

"Strong arm" robbery is the everyday name for robbery that uses physical force or intimidation without a weapon. It is charged under s. 343(a), (b) or (c), and it still carries the same maximum of life.

The timing of the force

The force or threat must be connected to the theft. Force used to take the property, to keep it immediately afterwards or to stop the owner from resisting can turn a theft into robbery. However, force used for a different reason, such as during an unrelated argument, may support an assault charge but not a robbery charge. The order of events, and what each person was trying to do, is often closely examined at trial.

Can robbery be reduced to theft or assault?

A robbery charge can sometimes be reduced if the evidence does not prove violence, threats or an intent to steal. This may happen where only minor force was used and it was not used to take or keep the property, where the incident was really a fight and not a theft, or where the person honestly believed the property was theirs. A reduction can make a significant difference to both bail and sentencing.

Why the charge matters so much

Robbery charges are more likely to lead to a contested bail hearing, cannot end in a discharge and are more likely to lead to jail. Theft charges are more often resolved through diversion, restitution or a discharge, especially for a first offence. See theft under $5,000 and theft over $5,000.

What happens after you are charged

1. Bail: Many people charged with robbery are held for a bail hearing, although most robbery charges without a firearm are Crown onus.
2. Disclosure: The Crown provides video, witness statements and police notes, which often show exactly how much force was used.
3. Review: Your lawyer compares the evidence against each element of robbery to see whether a lesser charge fits the facts better.
4. Resolution or trial: Many cases resolve through negotiation, while others go to trial on the issue of force or intent.

Effects beyond the sentence

The difference between robbery and theft is just as large outside the courtroom. Robbery carries a maximum of life, so a conviction can make a permanent resident inadmissible for serious criminality, while a minor theft conviction usually does not. Robbery also requires a DNA order and a longer wait before you can apply for a record suspension.

What to do now

• Do not give a statement to police before you receive legal advice.
• Do not contact the store, the complainant or any witness.
• Write down what happened while you remember it, including the order of events.
• Keep any video, messages or receipts that show what happened.

Common defences

• No force connected to the theft: The force was not used to take or keep the property.
• No intent to steal: The incident was a fight or a dispute, not a theft.
• Colour of right: You honestly believed the property was yours.
• Identification: The evidence does not prove that you were the person involved.

Online marketplace meetings

Some robbery charges come from meetings arranged through online marketplaces, where a buyer or seller is allegedly robbed. These cases often depend on messages between the parties, location data and the account used to set up the meeting. The Crown must still prove who sent the messages and what happened at the meeting.

Possible outcomes

How we can help

We can review whether the evidence really shows violence, threats or a weapon, and push for the charge that fits the facts. Call (647) 223-1980 for a free consultation.

Frequently asked questions