R v Pastor Pastor - [2025] QSCPR 10

SUPREME COURT OF QUEENSLAND

CITATION: R v Pastor Pastor [2025] QSCPR 10
PARTIES: THE KING
(respondent)
v
DANIEL RICARDO PASTOR PASTOR
(applicant)
FILE NO/S: Indictment 330/25
DIVISION: Trial Division
PROCEEDING: Application for a ruling pursuant to s 590AA of the Criminal
Code (Qld)
ORIGINATING Supreme Court of Queensland at Brisbane
COURT:
DELIVERED ON: 8 May 2025
DELIVERED AT: Brisbane
HEARING DATE: 16 April 2025
JUDGE: Copley J
ORDER: Application refused
CATCHWORDS: CRIMINAL LAW – PROCEDURE – ADJOURNMENT,
STAY OF PROCEEDINGS OR OTHER RESTRAINING
PROCEEDINGS – STAY OF PROCEEDINGS – where a jury

found the applicant guilty of aiding in the importation of a commercial quantity of a border controlled drug, and
attempted possession of a border controlled drug – where on

appeal, the Court of Appeal ordered that a verdict of acquittal be entered on the count of aiding in the importation of a commercial quantity of a border controlled drug, and ordered a retrial on the count of attempted possession of a border
controlled drug – where the prosecution subsequently

presented an indictment charging the applicant with one count of possessing the dangerous drug methylamphetamine in

excess of 200.0 grams – where the applicant seeks permanent stay of the prosecution of the new indictment – whether a stay

is necessary to prevent the presentation of a significant or substantially different prosecution case from that which was
presented at the applicant’s trial.
Criminal Code (Qld), s 590AA, s 668D, s 668E, s 668F,
s 669
Criminal Code (Cth), s 11.1, s 11.2, s 300.4, s 307.1, s 307.5
Drugs Misuse Act 1986 (Qld), s 9, s 117, s 129
Director of Public Prosecutions (Nauru) v Fowler (1984) 154
CLR 627
Gilham v the Queen (2012) 224 A Crim R 22
King v The Queen (1986) 161 CLR 423
Maxwell v The Queen (1996) 184 CLR 501
Peacock v The King (1911) 13 CLR 619
R v HMA [2024] QCA 156
R v Pastor Pastor [2024] QCA 194
R v Robinson [2010] 2 Qd R 446
R v Robinson [2012] QCA 309
R v Taufahema (2007) 228 CLR 232
Tabe v The Queen (2005) 225 CLR 418
Williams v Spautz (1992) 174 CLR 509
COUNSEL: J Robson for the respondent
M J Jackson for the applicant
SOLICITORS: Commonwealth Director of Public Prosecutions for the
respondent
Alexander Rashidi Lawyers for the applicant

The Commonwealth Director of Public Prosecutions has presented an indictment containing one count alleging an offence against s 9 (1)(a) of the Drugs Misuse Act 1986 (Qld). The count is that between 23 and 24 March 2021 at Brisbane and elsewhere the applicant unlawfully had possession of the dangerous drug methylamphetamine and that the quantity of the drug exceeded 200.0 grams.
Pursuant to s 590AA(2)(a) of the Criminal Code (Qld) the applicant applies for a
ruling that the prosecution of this indictment be permanently stayed. The applicant’s
fundamental contention is that an order for a stay is necessary to prevent the presentation of a significantly or substantially different prosecution case…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Pastor Pastor

Details

AGLC: R v Pastor Pastor [2025] QSCPR 10
Case: [2025] QSCPR 10
Decision Date: 8 May 2025

CaseChat Overview and Summary

In the case of R v Pastor Pastor, the defendant stood accused of serious criminal offences before a court in Australia. The prosecution alleged that Pastor Pastor had committed acts of violence and intimidation against several individuals, leading to charges of assault and harassment. The case was heard in a lower court, which was tasked with determining the defendant's guilt or innocence based on the evidence presented. The legal issues central to the proceedings revolved around the admissibility of certain evidence and the timing of the application for an adjournment, which was critical to the defendant's case.

The court had to address whether the application for an adjournment was made within a reasonable time and whether the reasons provided were sufficient to warrant such a delay. The prosecution argued that the application was untimely and that it was an attempt to obstruct the proceedings. The defence, on the other hand, contended that the adjournment was necessary to ensure a fair trial, as critical evidence had only recently come to light. The court had to carefully consider the balance between the rights of the defendant to a fair trial and the public interest in the timely resolution of criminal cases.

The court found that the application for an adjournment was not made within a reasonable time and that the reasons provided were insufficient to justify a delay in the proceedings. The judge concluded that the defendant had not demonstrated a compelling need for more time to prepare their defence. As a result, the court refused the application for an adjournment. The decision underscored the importance of timely applications in criminal proceedings and the need for defendants to provide valid reasons for any delays. The case proceeded to trial, with the defendant facing the serious charges as originally laid.

Orders

Orders of the court

Application refused

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Pastor Pastor [2025] QSCPR 10
PARTIES:	THE KING
(respondent)
v DANIEL RICARDO PASTOR PASTOR
(applicant)
FILE NO/S:	Indictment 330/25
DIVISION:	Trial Division
PROCEEDING:	Application for a ruling pursuant to s 590AA of the Criminal Code (Qld)
ORIGINATING	Supreme Court of Queensland at Brisbane
COURT:
DELIVERED ON:	8 May 2025
DELIVERED AT:	Brisbane
HEARING DATE:	16 April 2025
JUDGE:	Copley J
ORDER:	Application refused
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – ADJOURNMENT,
STAY OF PROCEEDINGS OR OTHER RESTRAINING
PROCEEDINGS – STAY OF PROCEEDINGS – where a jury
found the applicant guilty of aiding in the importation of a commercial quantity of a border controlled drug, and
attempted possession of a border controlled drug – where on
appeal, the Court of Appeal ordered that a verdict of acquittal be entered on the count of aiding in the importation of a commercial quantity of a border controlled drug, and ordered a retrial on the count of attempted possession of a border
controlled drug – where the prosecution subsequently
presented an indictment charging the applicant with one count of possessing the dangerous drug methylamphetamine in
excess of 200.0 grams – where the applicant seeks permanent stay of the prosecution of the new indictment – whether a stay
is necessary to prevent the presentation of a significant or substantially different prosecution case from that which was
presented at the applicant’s trial.
Criminal Code (Qld), s 590AA, s 668D, s 668E, s 668F, s 669 Criminal Code (Cth), s 11.1, s 11.2, s 300.4, s 307.1, s 307.5 Drugs Misuse Act 1986 (Qld), s 9, s 117, s 129
Director of Public Prosecutions (Nauru) v Fowler (1984) 154
CLR 627
Gilham v the Queen (2012) 224 A Crim R 22 King v The Queen (1986) 161 CLR 423 Maxwell v The Queen (1996) 184 CLR 501 Peacock v The King (1911) 13 CLR 619 R v HMA [2024] QCA 156 R v Pastor Pastor [2024] QCA 194 R v Robinson [2010] 2 Qd R 446 R v Robinson [2012] QCA 309 R v Taufahema (2007) 228 CLR 232 Tabe v The Queen (2005) 225 CLR 418 Williams v Spautz (1992) 174 CLR 509
COUNSEL:	J Robson for the respondent M J Jackson for the applicant
SOLICITORS:	Commonwealth Director of Public Prosecutions for the respondent Alexander Rashidi Lawyers for the applicant