Booth v Naizmand (No 2) FCA 691

Booth v Naizmand (No 2) FCA 691

The Court is satisfied, based on affidavit evidence and agreement between parties, that the requirements of s 104.14 and related provisions of the Criminal Code (Cth) for confirming an interim control order have been met. Respondent's conviction for a terrorism-related offence and the necessity/appropriateness of controls imposed justify confirmation with variations agreed between the parties.

Parties
Applicant: Sandra Booth; Respondent: Ahmad Saiyer Naizmand
Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Confirmation of Interim Control Order / Final Orders Confirming and Varying Interim Control Order
Outcome
Interim control order confirmed and varied by consent; suppression order granted until 30 April 2021.
Legal Topics
Control Orders, Terrorism Offences, Suppression Orders
Criminal Law Control Orders Terrorism Offences Suppression Orders

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Parties

Sandra Booth

Applicant

Ahmad Saiyer Naizmand

Respondent

Procedural Posture

Confirmation of Interim Control Order / Final Orders Confirming and Varying Interim Control Order

Legal Issues

  1. 1 Whether the requirements for confirming the interim control order under s 104.14 of the Criminal Code (Cth) are met
  2. 2 Whether the respondent's conviction for a terrorism-related offence satisfies s 104.4(1)(c)(iv)
  3. 3 Whether the obligations, prohibitions and restrictions imposed are reasonably necessary, appropriate, and adapted for purposes specified in s 104.4(1)(d)

Ratio Decidendi

The Court is satisfied, based on affidavit evidence and agreement between parties, that the requirements of s 104.14 and related provisions of the Criminal Code (Cth) for confirming an interim control order have been met. Respondent's conviction for a terrorism-related offence and the necessity/appropriateness of controls imposed justify confirmation with variations agreed between the parties.

Court Disposition

Interim control order confirmed and varied by consent; suppression order granted until 30 April 2021.

Orders

  • Pursuant to s 104.14(7)(b) Criminal Code (Cth), the interim control order made on 27 February 2020 is confirmed and varied in the terms set out in the Schedule to these Orders.
  • Non-publication/suppression order preventing identification of certain persons and information, operating until 30 April 2021 unless otherwise ordered.