In Monis v The Queen1(the ‘Case’), the defendant Man Haron Monis (‘Monis’) mailed postal letters to families of deceased UK soldiers killed in Afghanistan, the letters contained sympathetic messages along with inappropriate and offensive content, Amirah Droudis (‘Droudis’) assisted with the offense.2 At first instances, the District judge found that Monis’ actions were a breach of section 471.12 of the Criminal Code 1995.3Subsequently, charged Monis with twelve counts and charged Droudis with eight. However, before the commencement of their trial, the Defendants filed motions, which, held the charges to be invalid because of the infringement of the constitutional implied Freedom of Political Communication. Judge Tupman