McDonald v Dakkak [2022] FCA 1065

McDonald v Dakkak [2022] FCA 1065

The Court found that the applicant, a senior AFP member, had complied with statutory requirements for seeking an interim control order, and that the respondent had been convicted of an offence relating to terrorism, satisfying s 104.4(1)(c)(iv) of the Criminal Code. On the balance of probabilities, the proposed suite of controls—including monitoring and restricting devices, communication, association, and access to material—were each reasonably necessary, appropriate and adapted to prevent support for or facilitation of terrorist acts or hostile activities. Qualifications were accepted where respondent’s concerns could be reasonably met without undermining effectiveness. Accordingly, an...

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Application for Interim Control Order / Hearing and Judgment on Application
Outcome
Interim control order granted; applicant directed to bring in draft order with qualifications by 2.15 pm on 12 September 2022.
Legal Topics
['control Orders' 'offence Relating to Terrorism' 'interim Control Order' 'criminal Code S 104.4' 'terrorist Organisations' 'proportionality of Controls' 'monitoring and Supervision of Released Offenders']
['criminal Law'] ['control Orders' 'offence Relating to Terrorism' 'interim Control Order' 'criminal Code S 104.4' 'terrorist Organisations' 'proportionality of Controls' 'monitoring and Supervision of Released Offenders']

Case Brief

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Procedural Posture

Application for Interim Control Order / Hearing and Judgment on Application

Legal Issues

  1. 1 ['Whether an interim control order should be made against the respondent under s 104.4 of the Criminal Code' 'Whether the proposed controls are reasonably necessary, appropriate and adapted to prevent support for or facilitation of a terrorist act or hostile activity in a foreign country' 'Appropriateness and scope of individual controls sought in light of respondent’s previous offending and risk']

Ratio Decidendi

The Court found that the applicant, a senior AFP member, had complied with statutory requirements for seeking an interim control order, and that the respondent had been convicted of an offence relating to terrorism, satisfying s 104.4(1)(c)(iv) of the Criminal Code. On the balance of probabilities, the proposed suite of controls—including monitoring and restricting devices, communication, association, and access to material—were each reasonably necessary, appropriate and adapted to prevent support for or facilitation of terrorist acts or hostile activities. Qualifications were accepted where respondent’s concerns could be reasonably met without undermining effectiveness. Accordingly, an...

Court Disposition

Interim control order granted; applicant directed to bring in draft order with qualifications by 2.15 pm on 12 September 2022.

Orders

  • ['The applicant bring in a draft interim control order in accordance with these reasons by 2.15 pm on 12 September 2022.']