R v MONIS; R v DROUDIS [2011] NSWDC 39

District Court New South Wales

Medium Neutral Citation: R v MONIS; R v DROUDIS [2011] NSWDC 39 Hearing dates: 11, 12 & 13 April 2011 Decision date: 18 April 2011 Jurisdiction: Criminal Before: Tupman DCJ Decision: Notices of Motion dismissed Catchwords: CRIMINAL LAW - motion to quash indictments on grounds that charges are invalid CONSTITUTIONAL LAW - Commonwealth offence of using a postal service in an offensive manner - s471.12 Criminal Code Act - letters sent to families of ADF members and others killed in Afghanistan or in Marriott Hotel bombing in Jakarta - comments including references to legality of wars in Iraq and Afghanistan - implied constitutional freedom of political communication - Lange test first and second limbs considered - terms "offensive" and "harassment" considered and construed - purpose of Commonwealth legislation considered Legislation Cited: Criminal Code Act 1995 (Cth) Judiciary Act 1903 (Cth) Summary Offences Act 1988 Post and Telegraph Act 1901 (Cth) Postal Services Act 1975 (Cth) Freedom of Information Act 1982 (Cth) Family Law Act 1975 (Cth) Evidence Act 1995 Crimes (Domestic and Personal Violence) Act 2007 Jury Act 1977 Crimes Act 1900 Crimes Act 1914 (Cth) Cases Cited: Lange v Australian Broadcasting Corporation (1997) 198 CLR 520 Coleman v Power (2004) 220 CLR 1 Bropho v HREOC (2004) 135 FCR 105 Spence v Loguch BC9101434 NSWSC Malvern v Bradbury (1971) 17 FLR 345 Hogan v Hinch [2011] HCA 4 Evans v State of New South Wales [2008] FCAFC 130 Category: Interlocutory applications Parties: Man Haron MONIS (Applicant) Amirah DROUDIS (Applicant) Director of Public Prosecutions (Cth) (Respondent) Representation: Counsel: G O'L Reynolds SC with G Rubagotti and M Gleeson (Applicant) D M J Bennett QC with S Grant (Applicant) J V Agius SC with M McHugh (Respondent) Solicitors: Ford Criminal Lawyers (Applicant) Sydney Defense Lawyers Pty Ltd (Applicant) Director of Public Prosecutions (Cth) (Respondent) File Number(s): DC 2009/00236443; DC 2010/00260817