Monis v The Queen & Anor; Droudis v The Queen

The High Court of Australia considered appeals by Man Haron Monis and Amirah Droudis against their convictions for offences arising from the events at the Lindt Cafe in Sydney. Monis was convicted of murder and attempted murder, while Droudis was convicted of accessory after the fact to murder. The proceedings concerned the interpretation and application of provisions within the *Criminal Code Act 1995* (Cth) and the *Crimes Act 1914* (Cth), particularly in relation to the definition of a terrorist act and the elements of accessory after the fact offences.

The central legal issues before the High Court included whether the actions of Monis constituted a "terrorist act" as defined by the *Criminal Code*, and whether the jury had been correctly directed on this matter. Further, the Court had to determine whether Droudis's conduct met the elements of being an accessory after the fact to murder, specifically whether she assisted Monis with the intention of helping him avoid apprehension, prosecution, or punishment for the offence of murder.

The Court's reasoning focused on the statutory definitions of the offences. Regarding the terrorist act, the High Court affirmed that the jury's finding that Monis's actions were intended to coerce or influence the government of the Commonwealth or a foreign country, or to intimidate the public, was open on the evidence. The Court analysed the elements of accessory after the fact, confirming that the prosecution must prove the accused knew the principal offender had committed a serious indictable offence and that the assistance was provided with the specific intent to help the offender avoid apprehension, prosecution, or punishment. The Court found no error in the trial judge's directions to the jury on these matters.

The appeals were dismissed.