Simpson v The Queen

The appeal in *Simpson v The Queen* was brought before the Supreme Court of the Northern Territory, Court of Criminal Appeal. The appellant, Simpson, appealed against his conviction for unlawfully causing grievous harm. The central dispute concerned the correctness of the trial judge's directions to the jury regarding the appellant's alleged common purpose and the availability of common assault as an alternative verdict.

The Court was required to determine two primary legal issues. Firstly, whether the trial judge erred in law by directing the jury that there was evidence to support a finding of common purpose under section 8 of the *Criminal Code Act 1983* (NT). Secondly, the Court had to consider whether common assault, as defined by sections 181 and 187 of the *Criminal Code Act*, was a legally available alternative charge to unlawfully causing grievous harm under section 188 of the *Criminal Code Act*.

On the issue of common purpose, the Court held that the trial judge's directions were correct, as they were based on the evidence presented by witnesses at trial. The Court found no miscarriage of justice in this regard. Regarding the alternative charge of common assault, the Court determined that it was not an available alternative to unlawfully causing grievous harm. The Court reasoned that common assault, in the form of striking or touching, does not involve the element of causing an event, which is a prerequisite for the application of sections 320 and 330 of the *Criminal Code Act*. Furthermore, the Court noted that section 330 specifically applies only to charges available under Division 3 of Part IX of the *Criminal Code Act*, which did not encompass common assault in this context. Consequently, the appeal was dismissed.