Booth v Dacre [2020] FCA 751

Booth v Dacre [2020] FCA 751

The Court was satisfied that Ms Booth had standing and had made the request in the appropriate form, that no further information was required, that Mr Dacre's conviction for preparing for incursion into a foreign country for the purpose of engaging in hostile activities was an offence relating to terrorism for s 104.4(1)(c)(iv), and that the proposed controls were, for the purposes of the interlocutory hearing, reasonably necessary and reasonably appropriate and adapted. The Interim Control Order was therefore made.

Jurisdiction
Australia
Judgment Date
14 May 2020
Procedural Posture
Application for Interim Control Order Pursuant to S 104.4 of the Criminal Code Act 1995 (cth) / Interlocutory Hearing; Application for Interim Control Order
Outcome
Application granted; Interim Control Order made.
Legal Topics
['interim Control Order' 'terrorism Related Offence' 'obligations, Prohibitions and Restrictions' 'non Publication Orders']
['criminal Law' 'counter Terrorism' 'federal Crime and Related Proceedings'] ['interim Control Order' 'terrorism Related Offence' 'obligations, Prohibitions and Restrictions' 'non Publication Orders']

Case Brief

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Procedural Posture

Application for Interim Control Order Pursuant to S 104.4 of the Criminal Code Act 1995 (cth) / Interlocutory Hearing; Application for Interim Control Order

Legal Issues

  1. 1 ['Whether the applicant was a senior AFP member who requested the order in accordance with s 104.3 of the Criminal Code.' 'Whether the respondent had been convicted in Australia of an offence relating to terrorism, a terrorist organisation or a terrorist act for the purposes of s 104.4(1)(c)(iv) of the Criminal Code.' 'Whether each obligation, prohibition and restriction in the proposed Interim Control Order was reasonably necessary and reasonably appropriate and adapted for the purposes in s 104.4(1)(d) of the Criminal Code.' 'Whether non-publication orders should be made for specified personal and location details in the Interim Control Order.']

Ratio Decidendi

The Court was satisfied that Ms Booth had standing and had made the request in the appropriate form, that no further information was required, that Mr Dacre's conviction for preparing for incursion into a foreign country for the purpose of engaging in hostile activities was an offence relating to terrorism for s 104.4(1)(c)(iv), and that the proposed controls were, for the purposes of the interlocutory hearing, reasonably necessary and reasonably appropriate and adapted. The Interim Control Order was therefore made.

Court Disposition

Application granted; Interim Control Order made.

Orders

  • ['Pursuant to s 104.4 of the Criminal Code, upon the Respondent being personally served, he is bound by the terms of the Interim Control Order set out in the schedule to the orders.' 'The Applicant take all reasonable steps to ensure that any request for approval which the Respondent makes to an AFP Superintendent...