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Booth v Naizmand [2020] FCA 244

interim control order — s 104.4(1) — 5 counts of contravening a control order offence contrary to s 104.27 of the Commonwealth Criminal Code — offences related to accessing electronic media — original sentence imposed 4 years’ imprisonment with a 3 year non-parole period  —  parole refused —  sentence expired on 28 February 2020 —  prior to incarceration for contravention offences offender frequently accessed IS and other extremist material supportive of violent jihad on internet including when subject to control order prohibiting them from doing so — offender was a member of close-knit group of individuals who supported ideology and activities of IS and were involved in commission of terrorism offences — offender associated or communicated with others who adhered to same ideology — during incarceration offender maintained frequent contact with associates including family members who hold extremist views, have been convicted of terrorism offences or have links to other extremists — during incarceration offender asserted Sharia law should be law of Australia and considers Islam superior to other ways of life — offender shown inconsistent approach to engaging with PRISM program designed to redirect offenders away from extremism and help them transition out of custody — in view of offender’s impending release from custody there is real risk that in absence of appropriate controls they will take steps to support ideology of IS which may possibly include terrorist attacks being carried out by its members, access and view IS propaganda, engage with members of Appleby Group — obligations prohibitions and restrictions in control orders will ensure offender is provided with opportunity to engage positively with community, is capable of being monitored by police during reengagement with community and is prohibited from engaging in behaviours and being exposed to associates and influences which may lead them to commit provide support for or facilitate a terrorist act or support or facilitate engagement in hostile activity in foreign country — control order to be confirmed, varied, declared void or revoked on 20 April 2020 — if interim control order confirmed, control order is to be in force for 12 months after day on which interim control order is made
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