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
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.
REASONS FOR JUDGMENT
(Revised from transcript)WIGNEY J:
On 9 September 2022, the Court made an interim control order (ICO) pursuant to s 104.4 of the schedule to the Criminal Code Act 1995 (Cth) (The Criminal Code) against the respondent, Mr Radwan Dakkak: McDonald v…
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- AGLC
- McDonald v Dakkak (No 2) [2022] FCA 1578
- Case
- [2022] FCA 1578
- Decision Date
CaseChat Overview and Summary
The court first considered whether an interim control order had been made in relation to Dakkak, and whether an election to confirm the order had been made by the relevant officer of the Australian Federal Police. The court was satisfied that both conditions had been met. The court then considered whether the conditions outlined in sections 104.12 and 104.12A of the Criminal Code had been complied with. This included whether the obligations, prohibitions and restrictions imposed on Dakkak were reasonably necessary and appropriate for protecting the public from a terrorist act or preventing the provision of support for or the facilitation of a terrorist act. The court was satisfied that these conditions had been met.
The court confirmed the interim control orders with a slight variation to one of the controls. The confirmed control order will be in force until 13 September 2023. The court also allowed the respondent’s lawyer to attend the Australian Federal Police Sydney office to obtain a copy of the orders.
Orders
Orders of the court
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.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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