McDonald v Dakkak (No 2) [2022] FCA 1578

Federal Court of Australia

McDonald v Dakkak (No 2) [2022] FCA 1578 File number: NSD 654 of 2022

Judgment of: WIGNEY J

Date of judgment: 9 December 2022

Date of publication of judgment: 21 December 2022

Catchwords: CRIMINAL LAW – application for interim control orders – where respondent previously convicted of various terrorism charges and interim control orders were made under s 104.4 in Part 5.3 of the Criminal Code – where conditions under ss 104.4(1)(c) and (d) of the Criminal Code satisfied – interim control orders confirmed

Legislation: Criminal Code Act 1995 (Cth) sch (The Criminal Code) ss 102.8, 104.4, 104.4(1)(c), 104.4(1)(d), 104.12A, 104.14(1A), 104.14(1A)(a), 104.14(1A)(b), 104.14(1A)(c), 104.14(3), 104.14(3A), 104.14(7)(a), 104.14(7)(b), 104.14(7)(c), 104.27(1)

Cases cited: Booth v Dakkak [2020] FCA 1882 McCartney v EB (2019) 263 FCR 170; [2019] FCA 183 McDonald v Dakkak [2022] FCA 1065 R v Dakkak [2022] NSWDC 181

Division: General Division

Registry: New South Wales

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 59

Date of hearing: 9 December 2022

Counsel for the applicant: Mr T Glover

Solicitor for the applicant: Australian Government Solicitor

Counsel for the respondent: The respondent appeared in person

ORDERS NSD 654 of 2022

BETWEEN: AMELIA MCDONALD Applicant

AND: RADWAN DAKKAK Respondent

order made by: WIGNEY J DATE OF ORDER: 9 DECEMBER 2022

THE COURT ORDERS THAT:

1. Pursuant to s 104.14(7)(b) of the Criminal Code (scheduled to the Criminal Code Act 1995 (Cth)), the interim control order made in relation to the respondent on 13 September 2022 be confirmed and varied in the terms set out in the Annexure to these Orders. 2. This confirmed control order be in force until and including 13 September 2023. 3. The respondent's lawyer may attend the AFP Sydney office at 110 Goulburn St, Sydney NSW between 9.00am to 4.00pm, Monday to Friday in order to obtain a copy of these Orders. THE COURT NOTES THAT: 4. This confirmed control order relates to the Respondent, Radwan Dakkak. 5. It is satisfied on the balance of probabilities that the Respondent has been convicted in Australia of an offence relating to terrorism or a terrorist act (s 104.4(1)(c)(iv) 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); or (b) preventing the provision of support for or the facilitation of a terrorist act (s 104.4(1)(d)(ii) of the Criminal Code). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.