Booth v Thorne

Case [2021] FCA 380

FEDERAL COURT OF AUSTRALIA

Booth v Thorne [2021] FCA 380

File number: VID 76 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 5 March 2021
Date of publication of reasons: 16 April 2021
Catchwords: CRIMINAL LAW – application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) – whether pre-conditions in s 104.4(1) are satisfied – whether controls reasonably necessary and reasonably appropriate and adapted – application granted
Legislation: Criminal Code 1995 (Cth), s 104.4
Cases cited:

Booth v Thorne [2020] FCA 445

Booth v Thorne (No 2) [2020] FCA 1196
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 6
Date of hearing: 5 March 2021
Counsel for the Applicant: Ms C. Fitzgerald
Solicitor for the Applicant: Australian Government Solicitor
Solicitor for the Respondent: Ms I. Skaburskis of Doogue and George Defence Lawyers

ORDERS

VID 76 of 2021
BETWEEN:

SANDRA BOOTH

Applicant
AND:

SHAYDEN JAMIL THORNE

Respondent

ORDER MADE BY:

ANASTASSIOU J

DATE OF ORDER:

5 MARCH 2021

THE COURT ORDERS THAT:

Interim control order

1.The Court makes an interim control order pursuant to s 104.4 of the Criminal Code (Cth) in the terms set out in the Schedule to these orders.

Confirmation hearing

2.The proceeding be listed for hearing on 9 June 2021 at 11:00am.

Suppression order

3.There is to be no disclosure, by publication or otherwise, of:

(a)the address in Control 1.1;

(b)the names of third parties who are not also persons convicted of terrorism offences, in Control 5.1b;

(c)in the Summary of Grounds in Annexure B, the names of third parties who are not party to this proceeding, except the names of co-accused;

4.The Information identified in Order 3 be redacted from any publicly available Court documents, including Orders.

5.Orders 3 and 4 are made under s 37AF of the Federal Court of Australia Act 1976 (Cth) (on the grounds set out in s 37AG(1)(a) and (c) of that Act).

6.Orders 3 and 4 operate until further order.

7.Orders 3 and 4 do not prevent disclosure of the Information to and between the following people for the purposes of these proceedings:

(a)the presiding judge and necessary staff of this Court;

(b)officers and employees of agencies that are members of the Joint Counter Terrorism Team and legal representatives of those agencies;

(c)the respondent and his legal representatives;

(d)Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)).

Endorsement pursuant to Rule 41.06

To: Shayden Thorne

You will 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.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT

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Booth v Thorne [2021] FCA 380
Case
[2021] FCA 380
Decision Date

CaseChat Overview and Summary

Booth v Thorne was a case heard in the Federal Court of Australia. The applicant, Booth, sought interim control orders against the respondent, Thorne, under section 104.4 of the Criminal Code Act 1995 (Cth). The orders were sought on the basis that Thorne was engaged in conduct that was reasonably suspected to be preparatory to committing a terrorist act. The central issue before the Court was whether the preconditions in section 104.4(1) were satisfied and whether such orders were reasonably necessary, reasonably appropriate, and adapted to address the risk posed by Thorne.

The Court considered the evidence presented and concluded that the preconditions in section 104.4(1) were indeed satisfied. The Court found that Booth had established a real and substantial risk that Thorne was engaged in conduct that was reasonably suspected to be preparatory to committing a terrorist act. Furthermore, the Court was satisfied that the proposed interim control orders were reasonably necessary, reasonably appropriate, and adapted to address the risk posed by Thorne. In reaching this conclusion, the Court took into account the severity of the suspected terrorist activity, the potential harm to the public, and the proportionality of the proposed controls.

As a result of the Court's determination, an interim control order was granted in favour of Booth against Thorne. The Court also made several orders regarding the suppression of certain information, the listing of a confirmation hearing, and the endorsement of Thorne with respect to his obligations under the order. These orders were designed to protect the privacy of third parties and to ensure that the proceedings were conducted in a manner that was consistent with the principles of natural justice.

Orders

Orders of the court

Interim control order

1. The Court makes an interim control order pursuant to s 104.4 of the Criminal Code (Cth) in the terms set out in the Schedule to these orders.

Confirmation hearing

2. The proceeding be listed for hearing on 9 June 2021 at 11:00am.

Suppression order

3. There is to be no disclosure, by publication or otherwise, of:

(a) the address in Control 1.1;

(b) the names of third parties who are not also persons convicted of terrorism offences, in Control 5.1b;

(c) in the Summary of Grounds in Annexure B, the names of third parties who are not party to this proceeding, except the names of co-accused;

4. The Information identified in Order 3 be redacted from any publicly available Court documents, including Orders.

5. Orders 3 and 4 are made under s 37AF of the Federal Court of Australia Act 1976 (Cth) (on the grounds set out in s 37AG(1)(a) and (c) of that Act).

6. Orders 3 and 4 operate until further order.

7. Orders 3 and 4 do not prevent disclosure of the Information to and between the following people for the purposes of these proceedings:

(a) the presiding judge and necessary staff of this Court;

(b) officers and employees of agencies that are members of the Joint Counter Terrorism Team and legal representatives of those agencies;

(c) the respondent and his legal representatives;

(d) Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)).

Endorsement pursuant to Rule 41.06

To: Shayden Thorne

You will 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.

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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