Booth v Kaya

In Booth v Kaya, the respondent, Murat Kaya, opposed an application for interim control orders under section 104.4 of the Criminal Code Act 1995 (Cth). The application was made by the Attorney-General of the Commonwealth of Australia in light of the respondent’s conviction and imprisonment for preparation for incursion into a foreign country for the purpose of engaging in hostile activities. The primary legal issues before the court were whether the respondent was convicted of an offence “relating to terrorism” and whether certain proposed controls were reasonably necessary and reasonably appropriate and adapted.

The court found that the respondent’s offence was indeed “relating to terrorism” as it involved preparation for incursion into a foreign country for the purpose of engaging in hostile activities with the intent to overthrow the government of the Southern Philippines by force or violence. The court noted the detailed narrative provided in the sentencing remarks of Justice Croucher in R v Cerantonio & Ors, which outlined the respondent’s agreement with his co-offenders to engage in conduct preparatory to entering the Philippines to encourage others in overthrowing the government by force or violence. The court held that the respondent’s actions constituted support for or facilitation of engagement in a hostile activity in a foreign country, satisfying the criteria for a control order. Regarding the necessity and appropriateness of the proposed controls, the court determined that several of the controls were reasonably necessary and reasonably appropriate and adapted to the circumstances, thereby granting the application in part.

The final orders included the making of an interim control order pursuant to section 104.4 of the Criminal Code Act 1995 (Cth) with specific terms set out in the Schedule, and the listing of a confirmation hearing for the interim control order at 10:15 am on 3 June 2020. The respondent was also informed of the potential penalties for non-compliance with the orders, including imprisonment, sequestration of property, or punishment for contempt.