Booth v Dacre (No 2) [2020] FCA 816

Booth v Dacre (No 2) [2020] FCA 816

The court, being satisfied on the balance of probabilities that Mr Dacre had been convicted of a terrorism-related offence and that each control in the varied ICO was reasonably necessary and appropriately adapted for the statutory purposes, confirmed the order subject to variations to reporting frequency (to once weekly) and an extended exemption mechanism for internet-related controls, accommodating the prospect of changed circumstances.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Application for Confirmation of Interim Control Order / Final Hearing for Confirmation of Order
Outcome
Control order confirmed, varied in certain respects
Legal Topics
['control Orders' 'terrorism Prevention' 'reasonably Necessary and Appropriate Conditions' 'interim Orders' 'confirmation Hearings']
['criminal Law'] ['control Orders' 'terrorism Prevention' 'reasonably Necessary and Appropriate Conditions' 'interim Orders' 'confirmation Hearings']

Case Brief

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Procedural Posture

Application for Confirmation of Interim Control Order / Final Hearing for Confirmation of Order

Legal Issues

  1. 1 ['Whether the interim control order (ICO) as varied should be confirmed under s 104.14 of the Criminal Code' 'Whether the obligations, prohibitions, and restrictions imposed are reasonably necessary and reasonably appropriate and adapted for the statutory purposes']

Ratio Decidendi

The court, being satisfied on the balance of probabilities that Mr Dacre had been convicted of a terrorism-related offence and that each control in the varied ICO was reasonably necessary and appropriately adapted for the statutory purposes, confirmed the order subject to variations to reporting frequency (to once weekly) and an extended exemption mechanism for internet-related controls, accommodating the prospect of changed circumstances.

Court Disposition

Control order confirmed, varied in certain respects

Orders

  • ['The obligations, prohibitions and restrictions imposed on the Respondent by this confirmed control order are those set out in Schedule 1 to this order.' 'The order will be in force until midnight on 14 May 2021.' 'Modified reporting requirement to once weekly, both during COVID-19 restrictions (by Skype) and...