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Monis v. The Queen and Anor

Case No. S172/2012
Case information

Lower Court Judgment

6/12/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Allsop P, McClellan J)

[2011] NSWCCA 231

Catchwords

Constitutional law (Cth) – Operation and effect of Constitution – Interpretation – Implied freedom of political communication about government or political matters – System of representative and responsible government – Applicants charged under s 471.12 of the Criminal Code 1995 (Cth) ("the Code") which creates an offence of using a postal or similar service in a way that reasonable persons would consider menacing, harassing or offensive – Whether s 471.12 of the Code invalid because it infringes the implied freedom of political communication about government or political matters.

Short Particulars

Documents

22/06/2012 Hearing (SLA, Sydney)

27/06/2012 Notice of appeal

05/07/2012 Notice of constitutional matter (Appellant)

05/07/2012 Notice of contention (Respondent)

05/07/2012 Notice of constitutional matter (Respondent)

14/08/2012 Written submissions (Appellant)

14/08/2012 Chronology (Appellant)

04/09/2012 Written submissions (Attorney-General of the Commonwealth intervening)

04/09/2012 Written submissions (First Respondent)

04/09/2012 Written submissions (Second Respondent)

11/09/2012 Written submissions (Attorney-General for the State of South Australia)

11/09/2012 Written submissions (Attorney-General for the State of Victoria)

11/09/2012 Written submissions (Attorney-General for the State of Western Australia)

19/09/2012 Reply

03/10/2012 Hearing (Full Court, Canberra)

04/10/2012 Hearing (Full Court, Canberra)

27/02/2013 Judgment  (Judgment summary)