Taylor v Brookman [2024] FCA 200

Taylor v Brookman [2024] FCA 200

The statutory requirements for the confirmation of the control order under s 104.4 of the Criminal Code Act 1995 (Cth) are satisfied as the respondent has been convicted of offences relating to terrorism and the conditions of the order are, on the balance of probabilities, reasonably necessary and reasonably appropriate and adapted for the protection of the public, and the prevention of support for or facilitation of terrorist acts and hostile activity in a foreign country.

Parties
Applicant: Caroline Taylor; Respondent: Adam Mathew Brookman
Jurisdiction
Australia
Judgment Date
04 March 2024
Procedural Posture
Application for Interim and Confirmed Control Orders / Confirmation of Control Order
Outcome
Control order confirmed
Legal Topics
Control Orders, Terrorism, Reasonable Necessity, Protective Orders
Criminal Law Control Orders Terrorism Reasonable Necessity Protective Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Caroline Taylor

Applicant

Adam Mathew Brookman

Respondent

Procedural Posture

Application for Interim and Confirmed Control Orders / Confirmation of Control Order

Legal Issues

  1. 1 Whether the statutory criteria for imposition and confirmation of a control order under s 104.4 of the Criminal Code Act 1995 (Cth) are met
  2. 2 Whether the conditions are reasonably necessary and reasonably appropriate and adapted for the relevant statutory purposes

Ratio Decidendi

The statutory requirements for the confirmation of the control order under s 104.4 of the Criminal Code Act 1995 (Cth) are satisfied as the respondent has been convicted of offences relating to terrorism and the conditions of the order are, on the balance of probabilities, reasonably necessary and reasonably appropriate and adapted for the protection of the public, and the prevention of support for or facilitation of terrorist acts and hostile activity in a foreign country.

Court Disposition

Control order confirmed

Orders

  • The interim control order made in relation to the respondent on 5 October 2023 is confirmed without variation in the terms of the confirmed control order set out in the Annexure.
  • The confirmed control order is in force until and including 5 July 2024.