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Booth v Thorne [2020] FCA 445

interim control order — s 104.4(1) — preparation for incursion into a foreign country for the purposes of engaging in hostile activities offence contrary to s 11.2A and 119.4(1) of the Commonwealth Criminal Code — original sentence imposed 3 years’ and 10 months imprisonment with a 2 year and 10.5 month non parole period — parole refused — imprisonment expires on 7 March 2020 — ongoing risk of committing, supporting or facilitating terrorist act in Australia or overseas or engagement in a hostile activity in a foreign country by reason of nature and circumstances of offending, continuing inability to accurately identify or assess extremist views and ideologies, continued association with persons of security concern whilst in custody, in view of susceptibility to influence and failure to renounce extremist ideology that led to criminal conviction — nature and circumstances of offending included persistent attempts to travel offshore — offender behaved consistently with avoidance of detection by law enforcement during period of offending — offender demonstrated support for Islamic State and extremist ideology — offender has maintained extremist ideology including resentment towards non-Muslims and Australian laws while in custody — offender continues to have difficulty with identifying or assessing extremist views and ideologies on one hand and legitimate religious practices on the other — offender is susceptible to influence which increases risk that offender may pose to community — offender’s desire to maintain contact with others charged with or convicted of terrorist offences while imprisoned for similar offence increases risk that offender will seek out similar associations of security concern upon release into community and that offender is sympathetic to view/ideology of such persons — real risk that in absence of appropriate controls offender will commit, support or facilitate terrorist act in Australia or overseas or support or facilitate engagement in hostile activity in foreign country — while offender has not professed desire to commit, support or facilitate terrorist act in Australia risk of this is still real one — offender has not renounced extreme ideology — AFP’s experience in recent years is that as more and more Islamic extremists are prevented from travelling to foreign conflict zones, risk of those persons shifting focus to domestic terrorist act increases — no evidence that offender has developed ability to identify or assess extremist views and ideologies and therefore there is risk offender remains susceptible to them — control order to be confirmed, varied, declared void or revoked on 4 June 2020 — if interim control order is confirmed control order is to be in force for 12 months after day on which interim control order is made
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