Booth v Thorne (No 2) [2021] FCA 1349

Booth v Thorne (No 2) [2021] FCA 1349

The interim control order was confirmed until 4 March 2022 because the Court was satisfied that the statutory procedural requirements had been met, the controls were reasonably necessary and appropriate and adapted to protecting the community, the Respondent continued to pose an ongoing risk requiring further assessment, and the inconvenience or privacy intrusion occasioned by Controls 1 and 6 was not unduly burdensome in light of the risks addressed by those controls.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Application for Confirmation of Interim Control Order / Confirmation Hearing
Outcome
The interim control order was confirmed for the maximum period available of 12 months, until and including 4 March 2022.
Legal Topics
['control Orders' 'terrorism Related Offences' 'hostile Activity in a Foreign Country' 'confirmation of Interim Control Order' 'reasonably Necessary and Reasonably Appropriate and Adapted Controls']
['criminal Law' 'federal Crime and Related Proceedings'] ['control Orders' 'terrorism Related Offences' 'hostile Activity in a Foreign Country' 'confirmation of Interim Control Order' 'reasonably Necessary and Reasonably Appropriate and Adapted Controls']

Case Brief

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Procedural Posture

Application for Confirmation of Interim Control Order / Confirmation Hearing

Legal Issues

  1. 1 ['Whether the procedural requirements in ss 104.12 and 104.12A(2) of the Criminal Code had been complied with.' 'Whether the obligations, prohibitions and restrictions imposed by the interim control order were reasonably necessary and reasonably appropriate and adapted.' 'Whether the interim control order should be confirmed for 12 months from 5 March 2021 to 4 March 2022 or for six months from 5 March 2021 to 4 September 2021.']

Ratio Decidendi

The interim control order was confirmed until 4 March 2022 because the Court was satisfied that the statutory procedural requirements had been met, the controls were reasonably necessary and appropriate and adapted to protecting the community, the Respondent continued to pose an ongoing risk requiring further assessment, and the inconvenience or privacy intrusion occasioned by Controls 1 and 6 was not unduly burdensome in light of the risks addressed by those controls.

Court Disposition

The interim control order was confirmed for the maximum period available of 12 months, until and including 4 March 2022.

Orders

  • ['Pursuant to s 104.14(4) of the Criminal Code, the interim control order made in relation to the respondent on 5 March 2021 is confirmed in accordance with the Annexure to these Orders.' 'The confirmed control order is in force until and including 4 March 2022.' "The respondent's lawyer (if any) may attend the...