Booth v Dacre [2021] FCA 796

Federal Court of Australia

Booth v Dacre [2021] FCA 796 File number(s): VID 223 of 2021

Judgment of: ANDERSON J

Date of judgment: 8 July 2021

Date of publication of reasons: 13 July 2021

Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order – interim control order confirmed

Legislation: Criminal Code Act 1995 (Cth), ss 104.2, 104.3, 104.4, 104.12, 104.12A, 104.14

Division: General Division

Registry: Victoria

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 23

Date of hearing: 8 July 2021

Counsel for the Applicant: Catherine Fitzgerald

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Slade & Parsons Criminal Law

ORDERS VID 223 of 2021

BETWEEN: SANDRA BOOTH Applicant

AND: PAUL DACRE Respondent

order made by: ANDERSON J DATE OF ORDER: 8 july 2021

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 12 May 2021 is confirmed with the variation set out in red in the Annexure to these Orders. 2. The confirmed control order is in force until and including 11 May 2022. 3. The respondent's lawyer may attend the Australian Federal Police at 383 Latrobe Street, Melbourne, Victoria between 9 am to 4 pm, Monday to Friday in order to obtain a copy of these Orders.

THE COURT NOTES THAT: 4. It is satisfied on the balance of probabilities that the respondent has been convicted in Australia of an offence relating to terrorism (s 104(1)(c)(iv) of the Criminal Code). 5. It is satisfied on the balance of probabilities that the respondent has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country (s 104(1)(c)(vii) of the Criminal Code). 6. It is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the respondent by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of: (a) protecting the public from a terrorist act (s 104.4(1)(d)(i) of the Criminal Code); (b) preventing the provision of support for or the facilitation of a terrorist act (s 104.4(1)(d)(ii) of the Criminal Code); and (c) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country (s 104(1)(d)(iii) of the Criminal Code). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.