Barker v The Queen

Barker v The Queen is an appeal against convictions for injuring with intent to injure and wounding with intent to injure. The appeal against conviction was heard in the Court of Appeal of New Zealand. Mr Barker was convicted following a trial by judge alone in the District Court of injuring with intent to injure, contrary to s 189(2) of the Crimes Act 1961, and wounding with intent to injure, contrary to s 188(2). Mr Barker was acquitted of five counts of indecency. Mr Barker appeals his convictions on the sole ground that the trial Judge wrongly withdrew the defence of consent on public policy grounds. It was accepted at trial, and uncontested in this Court, that the elements of the two offences of which Mr Barker was convicted were proved. The appeal was allowed, the convictions were set aside and a retrial ordered.