Booth v Dacre [2021] FCA 796

Booth v Dacre [2021] FCA 796

The Court was satisfied that the procedural requirements for the confirmation hearing had been met, that the Respondent did not contest confirmation or the Applicant's evidence, and that the evidence supported continued satisfaction of the statutory criteria for the interim control order and the proposed controls. The interim control order was therefore confirmed with the agreed variation.

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Criminal Law Control Order Proceeding / Application for Confirmation of Interim Control Order
Outcome
Interim control order confirmed with variation; confirmed control order in force until and including 11 May 2022.
Legal Topics
['control Orders' 'interim Control Order Confirmation' 'terrorism Related Offences' 'hostile Activity in a Foreign Country']
['criminal Law' 'federal Crime and Related Proceedings'] ['control Orders' 'interim Control Order Confirmation' 'terrorism Related Offences' 'hostile Activity in a Foreign Country']

Case Brief

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Procedural Posture

Criminal Law Control Order Proceeding / Application for Confirmation of Interim Control Order

Legal Issues

  1. 1 ['Whether the procedural requirements in ss 104.12 and 104.12A of the Criminal Code were satisfied before the confirmation hearing.' 'Whether the interim control order made on 12 May 2021 should be confirmed with agreed variations.' 'Whether the obligations, prohibitions and restrictions imposed by the control order were reasonably necessary, and reasonably appropriate and adapted, for the statutory purposes identified in s 104.4(1)(d) of the Criminal Code.']

Ratio Decidendi

The Court was satisfied that the procedural requirements for the confirmation hearing had been met, that the Respondent did not contest confirmation or the Applicant's evidence, and that the evidence supported continued satisfaction of the statutory criteria for the interim control order and the proposed controls. The interim control order was therefore confirmed with the agreed variation.

Court Disposition

Interim control order confirmed with variation; confirmed control order in force until and including 11 May 2022.

Orders

  • ['Pursuant to s 104.14(4) of the Criminal Code, being the Schedule to the Criminal Code Act 1995 (Cth), the interim control order made in relation to the respondent on 12 May 2021 is confirmed with the variation set out in red in the Annexure to these Orders.' 'The confirmed control order is in force until and...