Booth v Namoa (No 2) [2020] FCA 73

FEDERAL COURT OF AUSTRALIA

Booth v Namoa (No 2) [2020] FCA 73 File number: NSD 2028 of 2019

Judge: RARES J

Date of judgment: 3 February 2020

Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order pursuant to s 104.14 of the Criminal Code in the schedule to the Criminal Code Act 1995 (Cth) – where respondent and her legal representatives not appear at hearing for making of confirmation order - where preconditions for confirmation of control order met - where the obligations, prohibitions and restrictions contained in the control order on balance of probabilities reasonably necessary, reasonably appropriate and adapted for purposes of s 104.4(1)(d)(i) and (ii) – Held: control order confirmed without variation

Legislation: Criminal Code Act 1995 (Cth) Criminal Code ss 104.4; 104.5; 104.12, 104.12A, 104.14, 104.15, 104.16, 104.28A

Date of hearing 3 February 2020

Registry New South Wales

Division General Division

National Practice Area Federal Crime and Related Proceedings

Category Catchwords

Number of paragraphs 19

Counsel for the Applicant Mr P Melican

Solicitor for the Applicant Australian Government Solicitor

Counsel for the Respondent The respondent did not appear

ORDERS NSD 2028 of 2019

BETWEEN: SANDRA BOOTH Applicant

AND: ALO-BRIDGET NAMOA Respondent

JUDGE: RARES J DATE OF ORDER: 3 FEBRUARY 2020

THE COURT ORDERS THAT:

1. Pursuant to s 104.14(4) of the Criminal Code, being the Schedule to the Criminal Code Act 1995 (Cth), the interim control order made in relation to the respondent on 19 December 2019 be confirmed to apply to the respondent without variation in the terms of the confirmed control order set out in the Annexure to these Orders. 2. The respondent's lawyer may attend the AFP Sydney office at 110 Goulburn St, Sydney NSW between 9 am to 4 pm, Monday to Friday in order to obtain a copy of these Orders. THE COURT NOTES THAT: 3. It is satisfied on the balance of probabilities that, (a) for the purpose of s 104.4(1)(c)(iv) of the Criminal Code, the respondent has been convicted in Australia of an offence relating to terrorism or a terrorist act, namely conspiring to do acts in preparation for, or planning, a terrorist act between 8 December 2015 and 25 January 2016 at Sydney, contrary to ss 11.5 and 101.6 of the Criminal Code. (b) each of the obligations, prohibitions and restrictions to be imposed on the respondent by the confirmed control order is reasonably necessary, and reasonably appropriate and adapted, for the purposes of s 104.4(1)(d)(i) and (ii) of the Criminal Code. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.