Fogarty v Jakovac (No 2) [2023] FCA 234

Federal Court of Australia

Fogarty v Jakovac (No 2) [2023] FCA 234 File number: NSD 902 of 2022

Judgment of: BROMWICH J

Date of judgment: 16 March 2023

Catchwords: CRIMINAL LAW – election pursuant to s 104.12A of the Criminal Code (Cth) to confirm an interim control order made against the respondent under s 104.4 of the Criminal Code – where the respondent has been convicted of an offence relating to terrorism – consideration of whether there remains a residual risk of reoffending arising from both the history of the respondent's conduct and the evidence of his present circumstances – Held: ICO revoked as it is no longer justified

Legislation: Criminal Code (Cth) ss 104.12A, 80.2C(1)

Cases cited: Fogarty v Jakovac [2022] FCA 1454

Division: General Division

Registry: New South Wales

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 11

Date of hearing: 16 March 2023

Counsel for the Applicant: Mr T Glover and Mr M Pruscino

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr C O'Donnell SC and Mr D Bhutani

Solicitor for the Respondent: Ryan & Payten Criminal Law Specialists

ORDERS NSD 902 of 2022

BETWEEN: PETER BRIAN FOGARTY Applicant

AND: TYLER SLAVKO JAKOVAC Respondent

order made by: BROMWICH J DATE OF ORDER: 16 March 2023

THE COURT ORDERS THAT:

1. The interim control order made on 29 November 2022 be revoked. 2. The applicant pay the respondent's costs of and incidental to the control order confirmation hearing as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.