Booth v Thorne [2021] FCA 380

Booth v Thorne [2021] FCA 380

Given the agreed facts, the respondent's lack of opposition and supporting affidavit evidence, all preconditions in s 104.4(1) are established and the controls are reasonably necessary and adapted to reduce the risk of terrorism-related conduct. The interim control order is therefore granted in the terms agreed by the parties.

Parties
Applicant: Sandra Booth; Respondent: Shayden Jamil Thorne
Jurisdiction
Australia
Judgment Date
05 March 2021
Procedural Posture
Criminal Law Application for Interim Control Order / Interim Control Order Ex Parte; Scheduled for Confirmation Hearing
Outcome
Application for interim control order granted; orders made as agreed
Legal Topics
Interim Control Orders, Control of Terrorism Risk, S 104.4 Criminal Code, Suppression Orders
Criminal Law Federal Crime Interim Control Orders Control of Terrorism Risk S 104.4 Criminal Code Suppression Orders

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Parties

Sandra Booth

Applicant

Shayden Jamil Thorne

Respondent

Procedural Posture

Criminal Law Application for Interim Control Order / Interim Control Order Ex Parte; Scheduled for Confirmation Hearing

Legal Issues

  1. 1 Whether pre-conditions in s 104.4(1) of the Criminal Code Act 1995 (Cth) are satisfied
  2. 2 Whether the proposed controls are reasonably necessary, appropriate, and adapted

Ratio Decidendi

Given the agreed facts, the respondent's lack of opposition and supporting affidavit evidence, all preconditions in s 104.4(1) are established and the controls are reasonably necessary and adapted to reduce the risk of terrorism-related conduct. The interim control order is therefore granted in the terms agreed by the parties.

Court Disposition

Application for interim control order granted; orders made as agreed

Orders

  • The Court makes an interim control order pursuant to s 104.4 of the Criminal Code (Cth) in the terms set out in the Schedule.
  • The proceeding is listed for hearing on 9 June 2021 at 11:00am.