Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Read v Namoa [2021] FCA 1486 File number: NSD 1195 of 2021
Judgment of: BURLEY J
Date of judgment: 24 November 2021
Catchwords: CRIMINAL LAW – control orders – application for interim control orders pursuant to s 104.4 of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth) – where respondent previously subject to control orders – where respondent presently on remand awaiting sentencing for breach of previous control orders – where respondent's release into the community may be imminent – whether control orders sought are reasonably necessary, and reasonable appropriate and adapted to achieving protection of the public and preventing provision of support for a terrorist act – interim control orders made
Legislation: Criminal Code Act 1995 (Cth) sch 1 (Criminal Code) ss 11.1, 11.5, 100.1, 101.6, 104.1, 104.3, 104.4 and 104.27 Federal Court of Australia Act 1976 (Cth) s 37AF
Cases cited: Booth v Namoa (No 2) [2020] FCA 73 Booth v Namoa [2019] FCA 2213 McCartney v EB [2019] FCA 183; 263 FCR 170 R v Bayda; R v Namoa (No 8) [2019] NSWSC 24 Thomas v Mobray [2007] HCA 33; 233 CLR 307
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 25
Date of hearing: 24 November 2021
Counsel for the Applicant: Mr P Melican
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Ms N S Carroll
Solicitor for the Respondent: Gilead Lawyers
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