Monis v The Queen; Droudis v The Queen

JurisdictionAustralia Federal only
JudgeFrench CJ,Hayne J,Heydon J,Crennan,Kiefel,Bell JJ
Judgment Date27 February 2013
Neutral Citation2013-0227 HCA A,[2013] HCA 4
CourtHigh Court
Docket NumberS172/2012 & S179/2012
Date27 February 2013
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36 cases
  • Robert James Brown and Another(Plaintiffs) v The State of Tasmania
    • Australia
    • High Court
    • 18 October 2017
    ...31 [80]; Attorney-General (SA) v Adelaide City Corporation (2013) 249 CLR 1 at 73–74 [166], 89 [220]; [2013] HCA 3; Monis v The Queen (2013) 249 CLR 92 at 189 [266], 192 [273], 206–207 [324]; [2013] HCA 4; Unions NSW v New South Wales (2013) 252 CLR 530 at 551 [30], 554 [36]; Tajjour v New ......
  • Farm Transparency International Ltd v New South Wales
    • Australia
    • High Court
    • 10 August 2022
    ... ... applicable mental element, Brennan J explained in He Kaw Teh v The Queen 138 that “[t]here is a presumption that in every statutory offence, ... 41 Monis v The Queen (2013) 249 CLR 92 at 214 [347]; Tajjour v New South Wales ... ...
  • Maloney v The Queen
    • Australia
    • High Court
    • 19 June 2013
    ...measure needs to be equally as effective, before a court can conclude that the measure is a disproportionate response 216. Moreover, in Monis v The Queen217, Crennan and Bell JJ and I said that the alternative means must be obvious and compelling, having regard to the role of the courts in ......
  • Tajjour v State of New South Wales
    • Australia
    • High Court
    • 8 October 2014
    ...whether a law ‘effectively burdens’ the freedom requires consideration of its legal and practical operation. As Hayne J pointed out in Monis v The Queen, it does not require an evaluation of the significance or weight to be attached to that effect 83. The submission of New South Wales to th......
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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......
27 books & journal articles
  • WALKING THE TIGHTROPE BETWEEN LEGALITY AND LEGITIMACY
    • Singapore
    • Singapore Academy of Law Journal No. 2017, December 2017
    • 1 December 2017
    ...Law Review 374 at 375. 82Eg, McCloy v New South Wales(2015) 257 CLR 178; Tajjour v New South Wales(2014) 254 CLR 508; Monis v The Queen(2013) 249 CLR 92. 83(2015) 257 CLR 178. 84McCloy v New South Wales(2015) 257 CLR 178 at [23]. 85McCloy v New South Wales(2015) 257 CLR 178 at [3]. The join......
  • Finding the Foothold: Freedom of Political Association in the Australian Constitution
    • United Kingdom
    • Sage Federal Law Review No. 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......
  • Contracts and the Implied Freedom of Political Communication
    • United Kingdom
    • Sage Federal Law Review No. 49-1, March 2021
    • 1 March 2021
    ...(2005) 224 CLR 322, 351 [28] (Gleeson CJ and Heydon J); Wotton v Queensland (2012)246 CLR 1, 24 [54] (Heydon J); Monis v The Queen (2013) 249 CLR 92, 142–6 [108]–[122] (Hayne J); Unions NSW vNew South Wales (2013) 252 CLR 530, 555 [40] (French CJ, Hayne, Crennan, Kiefel and Bell JJ); Tajjou......
  • All Out of Proportion: The Ongoing Disagreement about Structured Proportionality in Australia
    • United Kingdom
    • Sage Federal Law Review No. 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......
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