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