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Booth v Granata [2020] FCA 768

interim control order — s 104.4(1) — engaging in conduct in preparation for incursions into foreign country for purpose of engaging in hostile activities offence contrary to ss 11.2A and 119.4(1) of Commonwealth Criminal Code — original sentence imposed 4 years imprisonment with 3 year non-parole period — parole not granted — sentence expired on 8 May 2020 — offender does not oppose making of ICO but does contend that not all controls sought are reasonably necessary or reasonably appropriate and adapted — motivation of offender and co-offenders was to bring about circumstance by which Southern Philippines would be governed by Islamic law — reporting condition — requirement to report at police station each Monday and Thursday between 7am and 7pm not appropriate during continuance of current COVID-19 pandemic — offender not been subject to reporting requirement in 3 weeks since release from prison — arrangement necessarily made in circumstances of COVID-19 to report by Skype tends to undermine necessity to be reporting personally with frequency sought — judge not satisfied twice-weekly reporting is reasonably necessary for a s 104.4(1)(d) purpose — offender to report once each week at nominated police station — notification of paid employment — order sought prohibiting offender from undertaking paid work without having first notified AFP superintendent in writing — having regard to offender’s occupation employment or work may be intermittent casual or short term in which case control would become more burdensome — if purpose of condition is to enable AFP to have information as to places at which offender is working and identity of employer and workmates, this could be achieved be less stringent requirement — proposed Control 9 not imposed but Booth given opportunity to put forward a different control — communications and associations with particular persons — offender contends they should not be precluded from associating and communicating with one person specified in proposed ICO — nearly six year have elapsed since offender had discussions about topics of concerns with person —  no evidence concerning conduct of person in question since 2014 and restrictions on association with this friend may impede offender’s ability to obtain paid work — not satisfied control concerning association with this person is appropriate — technology platforms — offender seeks access WhatsApp, Facebook Messenger and Facebook — these platforms can be used for benign purposes and malign purposes — there may be case for allowing offender to use platforms but only for employment related purposes — such control relaxation may be appropriate if monitoring is available and conditions that prevent deletion or entries or so to disguise use — Court presently does not have information about matters and so is not willing to carve out from control sought use of Facebook Messenger and Facebook and other platforms — restriction on use or internet service — offender sought to be permitted to use single cellular mobile and 4G data service approved by AFP — not satisfied that carve-out proposed by offender would diminish extent of control proposed — otherwise proposed control is appropriate — each of the undisputed controls are reasonably necessary and reasonably appropriate and adapted for s 104.4(1)(d) purposes
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