Booth v Namoa (No 2) [2020] FCA 73

Booth v Namoa (No 2) [2020] FCA 73

The Court was satisfied on the balance of probabilities that the requirements for confirmation of the interim control order were met, including proper service, the respondent's prior conviction for a terrorism offence, and the necessity, appropriateness, and adaptation of the order's terms. Accordingly, the interim control order should be confirmed without variation until 18 December 2020.

Jurisdiction
Australia
Judgment Date
03 February 2020
Procedural Posture
Application for Confirmation of Interim Control Order / Final Hearing
Outcome
control order confirmed without variation
Legal Topics
['control Orders' 'confirmation of Interim Control Order' 'service of Court Documents']
['criminal Law'] ['control Orders' 'confirmation of Interim Control Order' 'service of Court Documents']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Confirmation of Interim Control Order / Final Hearing

Legal Issues

  1. 1 ['Whether the preconditions for the confirmation of a control order have been met under s 104.14 of the Criminal Code.' 'Whether the respondent was properly served with required materials under ss 104.12 and 104.12A.' 'Whether the obligations, prohibitions and restrictions are reasonably necessary, appropriate, and adapted for the purposes of s 104.4(1)(d)(i) and (ii).']

Ratio Decidendi

The Court was satisfied on the balance of probabilities that the requirements for confirmation of the interim control order were met, including proper service, the respondent's prior conviction for a terrorism offence, and the necessity, appropriateness, and adaptation of the order's terms. Accordingly, the interim control order should be confirmed without variation until 18 December 2020.

Court Disposition

control order confirmed without variation

Orders

  • ['The interim control order made in relation to the respondent on 19 December 2019 is confirmed to apply to the respondent without variation in the terms of the confirmed control order set out in the Annexure to these Orders.' "The respondent's lawyer may attend the AFP Sydney office at 110 Goulburn St, Sydney NSW...