R. v. Lloyd Case Brief
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Case BriefAssignment: R. v. Lloyd
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, R. v. Lloyd Case Brief
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Facts of the Case b b b
British Columbia, 2016, the Appellant Joseph Ryan Lloyd was charged with 3 counts of
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b possession of Schedule 1 drugs for the purposes of trafficking. This arrest and conviction occurring
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only one month after Mr. Lloyd was released from jail for the same prior conviction of possession of
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b Schedule 1 substance for the purposes of trafficking. As a result of his recent past conviction, Lloyd
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b fit into the profile of an offender under Section 5(3)(a)(i)(D) of the Controlled
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Drug and Substances Act (CDSA). The provision of this act states that:
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(1) no person shall traffic in a substance included in Schedule I, II, III or IV or in any
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b substance represented to held out by that person to be such a substance b b b b b b b b b b b b
(2) no person shall, for the purpose of trafficking, possess a substance included in
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b Schedule I, II, III or IV b b b b b
(3) every person who contravenes subsection (1) or (2) b b b b b b b
(a) subject to paragraph (a.1), if the subject matter of the offence is a b b b b b b b b b b b b
b substance included in Schedule I or II, is guilty of an indictable b b b b b b b b b b b
offence and liable to imprisonment for life and, b b b b b b
(i) to a minimum punishment or imprisonment for a term of one year if
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(D) the person was convicted of a designated substance offence, or had served
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a term of imprisonment for a designated substance offence,
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within the pervious 10 years b b b
A“designated substance offence” is defined under section 2(1) of the CDSA as any of the
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b offences listed under Part 1 of the CDSA, excluding simple possession (Lloyd, para.6). Lloyd was
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b sentenced to 12 months in prison under this provision. Subsequent to the sentencing at this
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b b b b
1
Case BriefAssignment: R. v. Lloyd
b b b b b
, R. v. Lloyd Case Brief
b b b b
2
Facts of the Case b b b
British Columbia, 2016, the Appellant Joseph Ryan Lloyd was charged with 3 counts of
b b b b b b b b b b b b b
b possession of Schedule 1 drugs for the purposes of trafficking. This arrest and conviction occurring
b b b b b b b b b b b b b b
only one month after Mr. Lloyd was released from jail for the same prior conviction of possession of
b b b b b b b b b b b b b b b b b b
b Schedule 1 substance for the purposes of trafficking. As a result of his recent past conviction, Lloyd
b b b b b b b b b b b b b b b b
b fit into the profile of an offender under Section 5(3)(a)(i)(D) of the Controlled
b b b b b b b b b b b b
Drug and Substances Act (CDSA). The provision of this act states that:
b b b b b b b b b b b
(1) no person shall traffic in a substance included in Schedule I, II, III or IV or in any
b b b b b b b b b b b b b b b b b
b substance represented to held out by that person to be such a substance b b b b b b b b b b b b
(2) no person shall, for the purpose of trafficking, possess a substance included in
b b b b b b b b b b b b
b Schedule I, II, III or IV b b b b b
(3) every person who contravenes subsection (1) or (2) b b b b b b b
(a) subject to paragraph (a.1), if the subject matter of the offence is a b b b b b b b b b b b b
b substance included in Schedule I or II, is guilty of an indictable b b b b b b b b b b b
offence and liable to imprisonment for life and, b b b b b b
(i) to a minimum punishment or imprisonment for a term of one year if
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(D) the person was convicted of a designated substance offence, or had served
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a term of imprisonment for a designated substance offence,
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within the pervious 10 years b b b
A“designated substance offence” is defined under section 2(1) of the CDSA as any of the
b b b b b b b b b b b b b b b
b offences listed under Part 1 of the CDSA, excluding simple possession (Lloyd, para.6). Lloyd was
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b sentenced to 12 months in prison under this provision. Subsequent to the sentencing at this
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