FEDERAL COURT OF AUSTRALIA
Booth v Dacre (No 2) [2020] FCA 816
File number: VID 297 of 2020 Judge: WHITE J Date of judgment: 3 June 2020 Catchwords: CRIMINAL LAW – application for confirmation of interim control order pursuant to s 104.14 of the Criminal Code contained in the Schedule to the Criminal Code Act 1995 (Cth) – whether the obligations, prohibitions and restrictions are reasonably necessary and reasonably appropriate and adapted.
Held: control order confirmed subject to some variations.
Legislation: Crimes Act 1914 (Cth) s 3
Criminal Code Act 1995 (Cth) ss 11.29, 104.4, 104.12A, 104.14, 119.4(1)
Federal Court of Australia Act 1976 (Cth) s 37AF
Cases cited: Booth v Dacre [2020] FCA 751 Date of hearing: 3 June 2020 Registry: Victoria Division: General Division National Practice Area: Federal Crime and Related Proceedings Category: Catchwords Number of paragraphs: 25 Counsel for the Applicant: Ms C Fitzgerald Solicitor for the Applicant: Australian Government Solicitor Counsel for the Respondent: Mr A Brand Solicitor for the Respondent: Slades & Parsons Criminal Law ORDERS
VID 297 of 2020 BETWEEN: SANDRA BOOTH
Applicant
AND: PAUL JAMES DACRE
Respondent
JUDGE:
WHITE J
DATE OF ORDER:
3 June 2020
Endorsement pursuant to r 41.06 of the Federal Court Rules 2011 (Cth)
To: Paul James Dacre
You may be liable to imprisonment, sequestration of property or punishment for contempt if:
(a) for an order that requires you to do an act or thing - you neglect or refuse to do the act or thing within the time specified in the order; or
(b) for an order that requires you not to do an act or thing - you disobey the order.
THE COURT NOTES THAT:
1.The Applicant does not rely on the first sentence at the top of page 57 of Ms Booth’s affidavit of 5 May 2020.
2.It is satisfied on balance of probabilities that the Respondent had been convicted in Australia of an offence relating to terrorism, namely, the offence of preparing for an incursion into a foreign country for the purpose of engaging in hostile activities, in contravention of ss 11.29 and 119.4(1) of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth).
3.It is satisfied on the balance or 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;
(b)preventing the provision of support for or the facilitation of at terrorist act; and
(c)preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
4.This order is directed to the Respondent, Paul James Dacre.
THE COURT ORDERS THAT:
1.The obligations, prohibitions and restrictions imposed on the Respondent by this confirmed control order are those set out in Schedule 1 to this order.
2.The order will be in force until midnight on 14 May 2021.
3.The Respondent’s lawyer may attend the office of the…
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- AGLC
- Booth v Dacre (No 2) [2020] FCA 816
- Case
- [2020] FCA 816
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the necessity and appropriateness of the control order’s terms, the proportionality of the restrictions imposed, and the extent to which they were adapted to the respondent's specific situation. The court considered the evidence provided by the applicant, as well as the submissions from the respondent and the Australian Federal Police. The determination hinged on whether the measures were justified under the legislative framework and whether they met the criteria set out in the Criminal Code.
In its reasoning, the court acknowledged the serious nature of the allegations against the respondent but found that some of the interim control order's terms were overly broad or not sufficiently tailored to the respondent's circumstances. Consequently, the court confirmed the control order but made several variations to ensure that the obligations, prohibitions, and restrictions were reasonably necessary and adapted to the respondent's specific situation. The court also imposed non-publication and suppression orders to protect sensitive information and the identity of certain individuals.
The final orders confirmed the control order with specific variations, set a duration for the order, allowed the respondent's lawyer access to the Australian Federal Police office to review the order, and imposed non-publication and suppression orders to safeguard sensitive information. The control order was set to remain in effect until midnight on 14 May 2021.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. The obligations, prohibitions and restrictions imposed on the Respondent by this confirmed control order are those set out in Schedule 1 to this order.
2. The order will be in force until midnight on 14 May 2021.
3. The Respondent’s lawyer may attend the office of the Australian Federal Police in Melbourne at 383 LaTrobe Street, Melbourne, Victoria between 9 am and 4 pm Monday to Friday in order to obtain a copy of this confirmed control order.
4. Being satisfied that non‑publication orders and suppression orders are appropriate, in order to prevent prejudice to the proper administration of justice or to protect the safety of any person, until further order, there be no disclosure by publication or otherwise of:
(a) the residential address of the Respondent contained in:
(i) paragraph [31] of the affidavit of Sandra Booth made on 5 May 2020 (the Booth Affidavit);
(ii) Control 1.1 in Annexure SB‑01 to the Booth Affidavit;
(iii) Control 1.1 in the Interim Control Order (ICO) made on 14 May 2020;
(iv) Control 1.1 in Annexure A to the varied ICO made on 15 May 2020; and
(v) Control 1.1 in Schedule 1 to this order.
(b) The name of the police station and the address contained in:
(i) Control 2.2 in Annexure SB‑01 to the Booth Affidavit;
(ii) Control 2.2 in the ICO made on 14 May 2020;
(iii) Control 2.2 in Annexure A to the varied ICO made on 15 May 2020; and
(iv) Control 2.2 in Schedule 1 to this order.
(c) the names and, when shown, the dates of birth and aliases of associates of the Respondent, contained in:
(i) Controls 11.1(c)(vi) to 11.1(c)(x) and 16.3(a) of Annexure A to the ICO made on 14 May 2020;
(ii) paragraphs [6.3.3], [6.3.4], [8.3] and [11] of Annexure B to the ICO made on 14 May 2020;
(iii) Controls 11.1(c)(vi) to 11.1(c)(x) and 16.3(a) in Annexure A to the varied ICO made on 15 May 2020;
(iv) Controls 11.1(c)(vi) to 11.1(c)(x) and 16.3(a) in Annexure SB‑01 to the Booth Affidavit;
(v) Controls 11.1(c)(vi) to 11.1(c)(x) and 16.3(a) in Schedule 1 to this order;
(vi) paragraphs [20], [27], [33.1]‑[33.3] and [75.1]‑[75.7]; footnotes 116, 118-119, 129-130, 136-137, 139-141 and 144; and Annexures OO, QQ, SS, TT, UU, VV to Annexure SB-03 to the Booth Affidavit; and
(vii) Page 61 being the list containing the descriptions of Annexures CC, EE, KK, MM, OO, SS, TT, UU and VV;
(viii) paragraphs [6.3.3], [6.3.4], [8.3] and [11] of Annexure SB‑06 to the Booth Affidavit;
(d) The whole of the content of Annexures II, JJ, KK, LL, MM, NN and RR to Annexure SB-03 to the Booth Affidavit.
5. Order 1 does not prevent disclosure of the information to and between the following people:
(a) the presiding Judge and necessary staff of the Court;
(b) officers and employees of agencies which are members of the Joint Terrorism Team, and legal representatives of those agencies;
(c) the Respondent and his legal representatives; and
(d) Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)).
6. These non‑publication and suppression orders operate concurrently with the orders made under s 37AF of the Federal Court of Australia Act 1976 (Cth) on 14 and 15 May 2020.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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