Booth v Thorne [2020] FCA 445

Booth v Thorne [2020] FCA 445

The Court found, on all available evidence, that the respondent presented a real and sufficient risk of further terrorist activity or support for hostile activities justifying the making of an interim control order under s 104.4 of the Criminal Code. The controls imposed, having been substantially agreed by the parties and tailored to risk, were found to be reasonably necessary and appropriate and adapted to achieve the statutory protective purposes set out in s 104.1.

Parties
Applicant: Sandra Booth; Respondent: Shayden Jamil Thorne
Jurisdiction
Australia
Judgment Date
06 March 2020
Procedural Posture
Interim Control Order Application (criminal) / Application for Interim Control Order; Orders and Reasons for Granting Interim Order
Outcome
Application for interim control order granted.
Legal Topics
Interim Control Orders, Terrorism Related Offences, Risk Assessment in Criminal Law, Proportionality and Necessity of Control Orders
Criminal Law Federal Crime Counter Terrorism Interim Control Orders Terrorism Related Offences Risk Assessment in Criminal Law Proportionality and Necessity of Control Orders

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Parties

Sandra Booth

Applicant

Shayden Jamil Thorne

Respondent

Procedural Posture

Interim Control Order Application (criminal) / Application for Interim Control Order; Orders and Reasons for Granting Interim Order

Legal Issues

  1. 1 Whether the respondent posed sufficient risk of committing, supporting or facilitating a terrorist act or hostile activity to justify an interim control order under s 104.4 of the Criminal Code.
  2. 2 Whether imposed controls were reasonably necessary and reasonably appropriate and adapted for their statutory purpose.

Ratio Decidendi

The Court found, on all available evidence, that the respondent presented a real and sufficient risk of further terrorist activity or support for hostile activities justifying the making of an interim control order under s 104.4 of the Criminal Code. The controls imposed, having been substantially agreed by the parties and tailored to risk, were found to be reasonably necessary and appropriate and adapted to achieve the statutory protective purposes set out in s 104.1.

Court Disposition

Application for interim control order granted.

Orders

  • Non-publication order for certain personal information until 13 March 2020 or further order.
  • Interim control order made pursuant to s 104.4 of the Criminal Code in the terms set out in the schedule, commencing upon service and release from custody.