Regional Planning Interests Act 2014

This section applies if—

a section of this Act provides that an offence against a subsection of the section (the smaller offence) is an alternative offence for an offence against another subsection of the section (the larger offence); and

in a proceeding for an offence against the larger offence, the trier of fact—

is not satisfied the defendant is guilty of the larger offence; but

is satisfied the defendant is guilty of the smaller offence.

The trier of fact may find the defendant guilty of the smaller offence.

If the defendant is found guilty of the smaller offence, the defendant is liable to be punished for the smaller offence.

To remove any doubt, it is declared that—

this section applies regardless of whether—

the proceeding for the larger offence is summary or on indictment; or

the trier of fact is a judge or a jury; and

this section applies even if an indictment for the larger offence does not include the smaller offence.