Sentencing — failing to comply with order — Covid — Sentencing Act 2002, ss 7, 8 & 16 — COVID-19 Public Health Response Alert Level Requirements Order No 9 2021, r 21(2) — Police v Abdullah [2020] NZDC 7240 — Te Tau v Police [2020] NZHC 1932 — Police v Ngarimu Stedman and Peratini [2022] NZDC 1358 — Borrowdale v Director-General of Health [2021] NZCA 520 — R v Burton [1982] 1 NZLR 602 — R v Minto [1983] 1 NZLR 606 — R v Bidois [2009] NZCA 426. Two defendants appeared for sentencing after being found guilty on charges of failing to comply with an order. They had organised and attended a protest against Covid-19 restrictions, at a time when a national level 4 lockdown was in place. In doing so they ignored warnings from the police that what they were doing was illegal and could result in their arrests. Between 100 and 200 people attended the protest, most of whom did not socially distance and wore no protective clothing. The defendants raised a range of issues at sentencing, including the right to protest. The first defendant's actions were mostly in support of the second defendant and largely involved filming the protest. The start point for sentence was four months' imprisonment, and after a reduction for prior good character and time spent on bail his final sentence was three months' imprisonment. The Court found the second defendant's actions to be of high seriousness for that type of offending, and set a start point for sentence of five months' imprisonment. After reductions for good character and time spent on curfew and bail, his final sentence was four months' imprisonment. Judgment Date: 30 March 2023