Federal Court of Australia
Federal Court of Australia
Booth v Kadir Kaya (No 2) [2020] FCA 1330 File number: VID 298 of 2020
Judgment of: WHITE J
Date of judgment: 31 August 2020
Date of publication of reasons: 16 September 2020
Catchwords: CRIMINAL LAW – application for confirmation of interim control order pursuant to s 104.14 of the Criminal Code contained in the Schedule to the Criminal Code Act 1995 – whether the obligations, prohibitions and restrictions are reasonably necessary and reasonably appropriate and adapted. Held: control order confirmed subject to some variation.
Legislation: Criminal Code Act 1995 (Cth) ss 11.2A, 104.2, 104.3, 104.4, 104.12, 104.12A, 104.14, 119.4(1) Evidence Act 1995 (Cth) s 191
Cases cited: Booth v Kadir Kaya [2020] FCA 764
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 30
Date of hearing: 31 August 2020
Counsel for the Applicant: Mr R Maidment with Ms C Fitzgerald
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr D Hallowes with Ms D Gang
Solicitor for the Respondent: Galbally & O'Bryan Lawyers
ORDERS VID 298 of 2020
BETWEEN: SANDRA BOOTH Applicant
AND: KADIR KAYA Respondent
order made by: WHITE J DATE OF ORDER: 31 aUGUST 2020
THE COURT NOTES THAT: 1. The confirmed control order relates to the respondent, Kadir Kaya. 2. The Court 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, 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; (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), (ii) and (iii) of the Criminal Code.
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