Federal Court of Australia
Federal Court of Australia
Booth v Thorne (No 2) [2021] FCA 1349 File number: VID 76 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 9 June 2021
Date of publication of reasons: 1 November 2021
Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order – whether the obligations, prohibitions and restrictions imposed by control order are reasonably necessary and reasonably appropriate and adapted – duration of confirmed control order in dispute – interim control order confirmed for maximum duration of 12 months
Legislation: Criminal Code Act 1995 (Cth), ss 104.4, 104.12, 104.12A, 104.14, 104.16
Cases cited: Booth v Thorne [2021] FCA 380
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 20
Date of hearing: 9 June 2021
Counsel for the Applicant: Ms C. Fitzgerald
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: The Respondent appeared in person
ORDERS VID 76 of 2021
BETWEEN: SANDRA BOOTH Applicant
AND: SHAYDEN JAMIL THORNE Respondent
order made by: ANASTASSIOU J DATE OF ORDER: 9 June 2021
THE COURT NOTES THAT:
1. 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, being the Schedule to the Criminal Code Act 1995 (Cth)). 2. 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). 3. 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).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate