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Minister for Home Affairs v Benbrika, Abdul Nacer [2020] VSC 888

PUBLIC LAW
Supreme Court of Victoria
Division: 
Criminal Division
Judge(s): 
Tinney J
Parties: 

Minister for Home Affairs v Benbrika, Abdul Nacer

Judgment Date: 
24 December 2020
Catchwords: 

PUBLIC LAW - Application for a continuing detention order ('CDO') under Criminal Code Act 1995 (Cth) - Defendant sentenced to 15 years' imprisonment for terrorism offences in 2009 - Sentence now concluded - Whether defendant de-radicalised - Whether unacceptable risk of committing serious Part 5.3 offence if released into community - Disputed expert evidence as to risk assessments - Whether any less restrictive measure that would be effective in preventing risk - Unacceptable risk established - No less restrictive measure that would be effective in preventing risk - CDO for 3 years - Criminal Code Act 1995 (Cth) ss 105A.1, 105A.3, 105A.7, 105A.8, 105A.13.

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