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New Zealand Police v Harris [2020] NZDC 27024

Published 21 September 2021

Sentencing — failure to comply with direction of a medical officer — breach of lockdown rules — COVID-19 — global pandemic — Health Act 1956. The defendant appeared for sentence, having pleaded guilty to one charge of failing to comply with direction of a medical officer under the Health Act 1956. During the nationwide lockdown to curb the spread of COVID-19 the defendant had flouted the stay-at-home directions and travelled outside his area and associated with people outside his bubble. This was despite various warnings from police. In assessing the appropriate sentence, the Judge noted that in most other similar cases a term of imprisonment had been imposed for the purpose of denouncing the conduct and deterring others. The Court set a starting point of three months imprisonment. There were no aggravating features as the defendant had no similar offending and no mitigating features. The defendant was entitled to some reduction for a guilty plea. The end sentence was one of two months and one week imprisonment. Judgment Date: 23 December 2020.