Booth v Brookman [2021] FCA 767

Booth v Brookman [2021] FCA 767

The court was satisfied on the balance of probabilities that the statutory requirements of s 104.4 of the Criminal Code Act 1995 (Cth) were met, namely that the respondent had been convicted of an offence relating to terrorism and had provided support for engaging in hostile activities abroad. The evidence established a relevant ongoing risk and justified the imposition of each of the obligations, prohibitions, and restrictions as necessary, appropriate, and adapted for the legislative purposes. Accordingly, the interim control order was made in the terms sought.

Jurisdiction
Australia
Judgment Date
06 July 2021
Procedural Posture
Application for Interim Control Order Under the Criminal Code Act 1995 (cth) / Interim Order (ex Parte Hearing and Reasons for Judgment)
Outcome
Application granted; interim control order made.
Legal Topics
['control Orders' 'interim Orders' 'terrorism Offences' 'risk Assessment' 'statutory Interpretation']
['criminal Law' 'anti Terrorism Law'] ['control Orders' 'interim Orders' 'terrorism Offences' 'risk Assessment' 'statutory Interpretation']

Case Brief

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Procedural Posture

Application for Interim Control Order Under the Criminal Code Act 1995 (cth) / Interim Order (ex Parte Hearing and Reasons for Judgment)

Legal Issues

  1. 1 ['Whether the statutory requirements for making an interim control order under s 104.4 of the Criminal Code Act 1995 (Cth) are satisfied' 'Whether the evidence establishes the respondent poses a relevant risk warranting the order' 'Whether the proposed controls are necessary, appropriate and adapted for the purposes prescribed by the legislation']

Ratio Decidendi

The court was satisfied on the balance of probabilities that the statutory requirements of s 104.4 of the Criminal Code Act 1995 (Cth) were met, namely that the respondent had been convicted of an offence relating to terrorism and had provided support for engaging in hostile activities abroad. The evidence established a relevant ongoing risk and justified the imposition of each of the obligations, prohibitions, and restrictions as necessary, appropriate, and adapted for the legislative purposes. Accordingly, the interim control order was made in the terms sought.

Court Disposition

Application granted; interim control order made.

Orders

  • ['An interim control order is made pursuant to s 104.4 of the Criminal Code (Cth) as set out in the Schedule.' "There is to be no disclosure of the respondent's address or future addresses as specified, or information that may disclose such addresses, except as permitted for these proceedings." 'Order 2 is made...