Booth v Abdirahman-Khalif [2021] FCA 1651

Federal Court of Australia

Booth v Abdirahman-Khalif [2021] FCA 1651 File number: SAD 50 of 2021

Judgment of: BESANKO J

Date of judgment: 22 December 2021

Date of publication of reasons: 19 January 2022

Catchwords: CRIMINAL LAW — election pursuant to s 104.12A of Schedule to Criminal Code Act 1995 (Cth) (Code) to confirm interim control order (ICO) made against respondent under s 104.4 of Code — where respondent convicted in 2017 of offence of being member of terrorist organisation, namely Islamic State (IS) contrary to s 102.3 of Code — where particulars of offending included attempted travel to Turkey on one-way ticket in order to engage with IS, accessing and engaging with IS material and communicating with members of IS — where respondent has served custodial sentence — where Court made ICO prior to respondent's release from custody — where in support of confirmation of ICO applicant submitted respondent has at no time made full and sensible admissions as to circumstances of offending and is vulnerable person susceptible to influence — where respondent submitted conviction now some time ago and respondent has taken a number of voluntary steps towards rehabilitation — consideration of whether controls in ICO and each of them reasonably necessary and reasonably appropriate and adapted for purpose of protecting public from terrorist act and for purpose of preventing provision of support for or facilitation of terrorist act — consideration of relevance of and weight to be given to ss 3ZZOA and 3ZZOB of Crimes Act 1914 (Cth) as alleged alternative means of monitoring and controlling risk — ICO confirmed without variation

Legislation: Counter-Terrorism Legislation Amendment Act (No 1) 2016 (Cth) Crimes Act 1914 (Cth) ss 3ZZOA, 3ZZOB Criminal Code Act 1995 (Cth) Sch, ss 100.1, 102.1, 102.3, 104.1, 104.4, 104.12, 104.12A, 104.14, 104.16 Evidence Act 1995 (Cth) ss 55, 140