Summary Offences Act 1981

Search, arrest, and jurisdiction

44: Defendant may be convicted of lesser charge of disorderly behaviour

You could also call this:

"You can be found guilty of a smaller crime instead of a bigger one."

Illustration for Summary Offences Act 1981

You can be found guilty of a lesser charge. This happens when you are not guilty of a more serious offence under section 3, but you are guilty of a lesser offence under section 4. You can be convicted of the lesser offence even if you were only charged with the more serious one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53737.

This page was last updated on 11 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

43: No jury trial for offence of assault, or

"No jury trial for assault cases"

44A: Seizure and forfeiture of burglary instruments, or

"What happens to tools used for breaking and entering"

44Defendant may be convicted of lesser charge of disorderly behaviour

Where the commission of an offence against section 3 is not proved, but the evidence proves an offence against section 4, the defendant may be convicted of an offence against that latter section notwithstanding that the charge alleges an offence against section 3 only.

Notes

Section 44: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).