Booth v Kaya (No 2) [2020] FCA 1119

FEDERAL COURT OF AUSTRALIA

Booth v Kaya (No 2) [2020] FCA 1119 File number: VID 1377 of 2019

Judge: ANASTASSiOu J

Date of judgment: 29 July 2020

Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order – terms of confirmed control order agreed between the parties – interim control order confirmed

Legislation: Criminal Code Act 1995 (Cth)

Cases cited: Booth v Kaya [2020] FCA 25

Date of hearing: 29 July 2020

Registry: Victoria

Division: General Division

National Practice Area: Federal Crime and Related Proceedings

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Mr R. Maidment QC with Ms C. Fitzgerald

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr J. Anderson

Solicitor for the Respondent: James Dowsley & Associates

ORDERS VID 1377 of 2019

BETWEEN: SANDRA BOOTH Applicant

AND: MURAT KAYA Respondent

JUDGE: ANASTASSIou J DATE OF ORDER: 29 JULY 2020

THE COURT ORDERS THAT:

1. Pursuant to s 104.14(7)(b) 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 22 January 2020 is confirmed with variations as set out in red in the Annexure A to these Orders. 2. The confirmed control order relates to the respondent, Murat Kaya. 3. The Court is satisfied on the balance of probabilities that, 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, namely engaging in conduct in preparation for incursions into foreign countries for the purpose of engaging in hostile activities contrary to s 119.4(1) of the Criminal Code by virtue of s 11.2A of the Criminal Code. 4. The Court is satisfied on the balance of probabilities that 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), (ii) and (iii) of the Criminal Code. 5. The confirmed control order is in force until and including 21 January 2021. 6. The respondent's lawyer may attend the AFP Melbourne office at 383 La Trobe Street, Melbourne between 9 am to 4 pm, Monday to Friday in order to obtain a copy of these Orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.