Sentencing — discharge without conviction — intentionally failing to comply with COVID restrictions — freedom of assembly — freedom of speech — New Zealand Bill of Rights Act 1990 — Nash v Police HC Wellington CRI-2009-485-000007, 22 May 2009. Two defendants appeared for sentence on a charge of intentionally failing to comply with COVID restrictions. They had traveled from a level 2 area to a level 3 area to go to a protest. The first defendant sought a discharge without conviction, arguing that the offending was a very minor example of a low-level offence. The Court did not agree that the offending was as minor as the defendant claimed. The travel had been premeditated and was undertaken needlessly. It was a moderately serious example of the offence. Further, the defendant was not able to point to any consequences of a conviction that would be out of all proportion to the gravity of the offending. The Court refused the application for a discharge without conviction, opting instead to convict and discharge the defendants. Judgment Date: 21 October 2022.