Monis v Regina; Droudis v Regina [2011] HCATrans 97

The High Court of Australia, constituted by French CJ, Gummow and Crennan JJ, considered applications for special leave to appeal in two related matters, *Monis v Regina* and *Droudis v Regina*. The underlying dispute concerned the validity of a criminal charge brought against Man Haron Monis for sending a letter to the families of Australian soldiers killed in Afghanistan, which was alleged to constitute a criminal offence under the *Criminal Code Act 1995* (Cth). The applicant, Mr Monis, also sought to challenge the validity of his arrest and detention.

The primary legal issue before the High Court was whether the applicant's communication constituted an offence under section 471.12 of the *Criminal Code Act 1995* (Cth), which deals with the offence of using a carriage service to menace, harass or cause offence. Relatedly, the Court was asked to consider whether the applicant's arrest and detention were lawful, and whether the evidence obtained as a result of that detention was admissible.

The Court granted special leave to appeal on the question of whether the applicant's conduct fell within the ambit of section 471.12 of the *Criminal Code Act 1995* (Cth). However, special leave was refused on the other grounds. The Court indicated that the appeal would proceed to determine the proper construction of the offence and its application to the applicant's conduct.