Booth v Granata (No 2) [2020] FCA 1425

Booth v Granata (No 2) [2020] FCA 1425

The court was satisfied that the respondent had been convicted in Australia of an offence relating to terrorism and that each of the obligations, prohibitions and restrictions imposed by the control order are reasonably necessary, appropriate and adapted for the purposes specified in s 104.4(1)(d). Therefore, the control order was confirmed, subject to some variations.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Application for Confirmation of Interim Control Order / Confirmation Hearing
Outcome
Control order confirmed with variations.
Legal Topics
['control Orders' 'terrorism Offences' 'confirmation Hearing']
['criminal Law'] ['control Orders' 'terrorism Offences' 'confirmation Hearing']

Case Brief

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Procedural Posture

Application for Confirmation of Interim Control Order / Confirmation Hearing

Legal Issues

  1. 1 ['Whether the obligations, prohibitions and restrictions imposed by the interim control order are reasonably necessary, appropriate and adapted under s 104.14 and s 104.4 of the Criminal Code']

Ratio Decidendi

The court was satisfied that the respondent had been convicted in Australia of an offence relating to terrorism and that each of the obligations, prohibitions and restrictions imposed by the control order are reasonably necessary, appropriate and adapted for the purposes specified in s 104.4(1)(d). Therefore, the control order was confirmed, subject to some variations.

Court Disposition

Control order confirmed with variations.

Orders

  • ['The obligations, prohibitions and restrictions imposed on the respondent by the confirmed control order are those set out in Annexure A to these Orders.' 'The confirmed control order is in force until and including 2 June 2021.' "The Respondent's lawyer may attend the AFP Melbourne office to obtain a copy of these...