God is confusing me? question for steve #2

[ronee]

Num 15:33 And those who found him gathering sticks brought him to Moses and Aaron, and to all the congregation.


Num 15:34 They put him under guard, because it had not been explained what should be done to him.


Num 15:35 Then the LORD said to Moses, "The man must surely be put to death; all the congregation shall stone him with stones outside the camp."
in matthew 12:1-4 Jesus seems to give alot more liberty and even remind the pharisees about David and the priests vs5???
i know they were holding Jesus and His disciples to a higher standard than they were keeping at this time...but when did God move from "you cannot pick up sticks" to "what David did when he was hungry" was o.k.?
will also post on facebook...am i posting in the right part of the forum?