Monis v The Queen

The High Court of Australia heard appeals from Mr Monis and Ms Droudis, who were charged under s 471.12 of the Criminal Code (Cth) for using a postal service in a way that reasonable persons would regard as offensive. The charges arose from letters sent to relatives of deceased Australian soldiers, which were critical of the soldiers and the deployment of Australian troops. The appellants sought to have the indictment quashed, arguing that s 471.12, as applied to "offensive" uses of the postal service, infringed the implied freedom of political communication guaranteed by the Australian Constitution.

The central legal issue before the High Court was whether s 471.12 of the Criminal Code, in its application to "offensive" uses of a postal service, effectively burdened the implied freedom of political communication. If it did, the court was required to determine whether the provision was reasonably appropriate and adapted to a legitimate end, in a manner compatible with the system of representative and responsible government. This involved considering the purpose of the provision and whether its scope was limited to prohibiting genuinely offensive uses of the postal service.

The High Court, affirming the decision of the Court of Criminal Appeal of New South Wales, concluded that s 471.12, as applied to offensive uses of the postal service, did not invalidate the provision. The Court found that the provision was reasonably appropriate and adapted to serve legitimate legislative ends, such as protecting individuals from the intrusion of offensive material into their homes and workplaces, and maintaining the integrity of the postal service. These purposes were considered compatible with the constitutional requirement for representative and responsible government.

In both matters before the Court, the appeals were dismissed.