Monis v The Queen; Droudis v The Queen

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Hayne J,Heydon J,Crennan,Kiefel,Bell JJ
Judgment Date27 February 2013
Neutral Citation2013-0227 HCA A,[2013] HCA 4
Docket NumberS172/2012 & S179/2012
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33 cases
  • Spence v Queensland
    • Australia
    • High Court
    • 15 May 2019
    ...Electoral Act, s 302CA(3). 519 Stellios, Zines's The High Court and The Constitution, 6th ed (2015) at 63. 520 Monis v The Queen (2013) 249 CLR 92 at 133–134 [73]; [2013] HCA 4. See also Unions NSW v New South Wales (2013) 252 CLR 530 at 557–558 [51]–[52]; Unions NSW v New South Wales (2019......
  • Clubb v Edwards
    • Australia
    • High Court
    • 10 April 2019
    ...Debates (Hansard), 22 October 2015 at 3975. 28 The Judge in a Democracy (2006) at 85 (footnotes omitted), cited in Monis v The Queen (2013) 249 CLR 92 at 182–183 [247]; [2013] HCA 29 The Judge in a Democracy (2006) at 86, cited in Monis v The Queen (2013) 249 CLR 92 at 182–183 [247]. 30 Lan......
  • Magaming v The Queen
    • Australia
    • High Court
    • 11 October 2013
    ...appeal to proportionality impermissibly mixed two radically different ideas. The appellant sought, by reference to statements made in Monis v The Queen 32 about how the relationship between a law and a constitutionally guaranteed freedom which is not absolute may be tested, to allege that t......
  • Comcare v Banerji
    • Australia
    • High Court
    • 7 August 2019
    ...224 CLR 322 at 351 [28] per Gleeson CJ and Heydon J; [2005] HCA 44; Wotton (2012) 246 CLR 1 at 24 [54] per Heydon J; Monis v The Queen (2013) 249 CLR 92 at 142-146 [108]-[122] per Hayne J; [2013] HCA 4; Unions NSW (2013) 252 CLR 530 at 555 [40] per French CJ, Hayne, Crennan, Kiefel and Bell......
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4 firm's commentaries
  • Sexual assault and age of consent laws in Australia: Complete guide, NSW
    • Australia
    • Mondaq Australia
    • 18 November 2021
    ...reasonably contemporary in their reactions. It is not offensive if it merely hurts or wounds the feelings of a person (Monis v The Queen [2013] HCA 4). Defences to Using a Carriage Service Charges Defences Mistake At the time you didn't know the person had a cognitive impairment Married or ......
  • Sexual assault and age of consent laws in Australia: Complete guide, NSW
    • Australia
    • Mondaq Australia
    • 18 November 2021
    ...reasonably contemporary in their reactions. It is not offensive if it merely hurts or wounds the feelings of a person (Monis v The Queen [2013] HCA 4). Defences to Using a Carriage Service Charges Defences Mistake At the time you didn't know the person had a cognitive impairment Married or ......
  • Complete guide to child sex offences in NSW and across Australia
    • Australia
    • Mondaq Australia
    • 29 November 2021
    ...as reasonably tolerant and understanding, and reasonably contemporary in his/her actions, according to the case of Monis v The Queen [2013] HCA 4. What are 'Private Private parts of a person are genitals, anal, whether or not covered by underwear or completely naked. It also includes the br......
  • Complete guide to child sex offences in NSW and across Australia
    • Australia
    • Mondaq Australia
    • 29 November 2021
    ...as reasonably tolerant and understanding, and reasonably contemporary in his/her actions, according to the case of Monis v The Queen [2013] HCA 4. What are 'Private Private parts of a person are genitals, anal, whether or not covered by underwear or completely naked. It also includes the br......
26 books & journal articles
  • Finding the Foothold: Freedom of Political Association in the Australian Constitution
    • United Kingdom
    • Federal Law Review Nbr. 47-2, June 2019
    • 1 June 2019
    ...later, submissions would likely have centredon breach of freedom of association: see Kirk, above n 20, 38, 55–6.162. Monis v The Queen (2013) 249 CLR 92, 130–1, 133 (French CJ); 160–1 (Hayne J); 212 (Crennan, Kiefeland Bell JJ).163. Lange (1997) 189 CLR 520, 571.164. Kruger (1997) 190 CLR 1......
  • All Out of Proportion: The Ongoing Disagreement about Structured Proportionality in Australia
    • United Kingdom
    • Federal Law Review Nbr. 47-4, December 2019
    • 1 December 2019
    ...added).24. Monis v The Queen (2013) 249 CLR 92, 195 [283] (Crennan, Kiefel and Bell JJ) (‘Monis’).25. Ibid 21 3 [345]; see also Tajjour (2014) 254 CLR 508, 574–5 [129]–[133] (Crennan, Kiefel andBell JJ).572 Federal Law Review 26. McCloy (2015) 257 CLR 178, 194–5 [2]. The form of the test ad......
  • Outside the Text: Inside the use of Extrinsic Materials in Statutory Interpretation
    • United Kingdom
    • Federal Law Review Nbr. 42-2, June 2014
    • 1 June 2014
    ...Board of Bendigo (2012) 248 CLR 500, 516 [41], (French CJ and Crennan J); Cross (2012) 248 CLR 378, 411-12 [88]–[89] (Kiefel J); Monis (2013) 249 CLR 92, 119-120 [36] (French CJ); Commissioner of Police v Eaton [2013] HCA 2, [100]. 65 See Pearce and Geddes, above n 14, 78 which cites numero......
  • Proportionality and the Separation of Powers in Constitutional Review: Examining the Role of Judicial Deference
    • United Kingdom
    • Federal Law Review Nbr. 45-2, June 2017
    • 1 June 2017
    ...face of uncertainty or disagreement as to the legitimacy of the law’s objective, w hether the law has the capacity to achieve its 14 (2013) 249 CLR 92, 213 [345] (‘Monis’). Heydon J described the test as ‘mysterious’ and ‘amorphous’ at 182 [246]. See also Murphy (2016) 90 ALJR 1027, 1044 [6......
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