Gale v Homewood (No 2) [2024] FCA 1165

Gale v Homewood (No 2) [2024] FCA 1165

The Court was satisfied on the balance of probabilities that Mr Homewood had been convicted in Australia of an offence relating to terrorism and that each of the conditions to be imposed, and their combined effect, were reasonably necessary, and reasonably appropriate and adapted, for the purposes of protecting the public from a terrorist act and preventing facilitation of a terrorist act. The interim control order was confirmed without variation on this basis.

Parties
Applicant: Matthew John Gale; Respondent: Wade John Homewood
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal Application – Confirmation of Interim Control Order / Hearing and Judgment on Confirmation of Interim Control Order
Outcome
Interim control order confirmed without variation by consent
Legal Topics
Interim Control Orders, Terrorism Related Offences, Criminal Code (cth) Procedures, Conditions and Powers Under Control Orders
Criminal Law Interim Control Orders Terrorism Related Offences Criminal Code (cth) Procedures Conditions and Powers Under Control Orders

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Parties

Matthew John Gale

Applicant

Wade John Homewood

Respondent

Procedural Posture

Criminal Application – Confirmation of Interim Control Order / Hearing and Judgment on Confirmation of Interim Control Order

Legal Issues

  1. 1 Whether the interim control order should be confirmed under s 104.14 of the Criminal Code (Cth)
  2. 2 Whether the conditions imposed are reasonably necessary, appropriate and adapted for the purpose of protecting the public from a terrorist act or preventing facilitation of a terrorist act

Ratio Decidendi

The Court was satisfied on the balance of probabilities that Mr Homewood had been convicted in Australia of an offence relating to terrorism and that each of the conditions to be imposed, and their combined effect, were reasonably necessary, and reasonably appropriate and adapted, for the purposes of protecting the public from a terrorist act and preventing facilitation of a terrorist act. The interim control order was confirmed without variation on this basis.

Court Disposition

Interim control order confirmed without variation by consent

Orders

  • The interim control order made on 20 March 2024, varied on 11 April 2024, is confirmed without variation in the terms of the confirmed control order set out in the Annexure.
  • The confirmed control order is to be in force until and including 19 March 2025.