Minister for Home Affairs v Benbrika

The Minister for Home Affairs sought a continuing detention order in relation to the defendant, Benbrika, who had been sentenced to 15 years’ imprisonment for terrorism offences in 2009. The defendant’s sentence had now concluded. The Federal Court was required to determine whether the defendant remained a risk to the community, and whether there were any less restrictive measures that could be effective in preventing any risk of serious Part 5.3 offences.

The court considered the evidence of expert witnesses who provided differing opinions on the defendant’s risk assessments. The court held that the unacceptable risk of the defendant committing serious Part 5.3 offences if released into the community was established. The court also held that there were no less restrictive measures that would be effective in preventing this risk. The court noted the defendant’s history of radicalisation and his continued association with individuals involved in terrorism activities.

The court made a continuing detention order under the Criminal Code Act 1995 (Cth) for a period of three years. The court found that the order was the only effective way to prevent the risk of the defendant committing serious Part 5.3 offences if released into the community. The court noted that the defendant’s risk to the community remained significant, and that the order was necessary to protect the public.