Booth v Thorne (No 2) [2020] FCA 1196
The requirements of ss 104.12 and 104.12A having been met, and the obligations imposed being necessary and appropriate, the interim control order against the respondent is confirmed, in the agreed form.
- Parties
- Applicant: Sandra Booth; Respondent: Shayden Jamil Thorne
- Jurisdiction
- Australia
- Judgment Date
- 17 August 2020
- Procedural Posture
- Application for Confirmation of Interim Control Order / Final Orders Confirming Interim Order
- Outcome
- Interim control order confirmed with variations agreed between parties.
- Legal Topics
- Control Orders, Terrorism, Confirmation of Interim Control Order
Case Brief
Summary, issues, holding and outcome
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Parties
Sandra Booth
Applicant
Shayden Jamil Thorne
Respondent
Procedural Posture
Application for Confirmation of Interim Control Order / Final Orders Confirming Interim Order
Legal Issues
- 1 Whether requirements of ss 104.12 and 104.12A of the Criminal Code were satisfied
- 2 Whether circumstances justify confirmation of interim control order against respondent
- 3 Whether obligations, prohibitions and restrictions imposed are reasonably necessary, appropriate, and adapted for purposes of s 104.4(1)(d)
Ratio Decidendi
The requirements of ss 104.12 and 104.12A having been met, and the obligations imposed being necessary and appropriate, the interim control order against the respondent is confirmed, in the agreed form.
Court Disposition
Interim control order confirmed with variations agreed between parties.
Orders
- Interim control order made 6 March 2020 and varied 24 June 2020 is confirmed with further variations as set out in Annexure A.
- Confirmed control order relates to Shayden Jamil Thorne.
Full Case Text
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