R. v. Lloyd

R. v. Lloyd

The court accepted the authentic joint submission as within the permissible range under appellate authority (R. v. Knockwood), collapsed the conditional sentence under s.742.6(9)(d) committing the accused to custody for the unexpired portion (148 days) and then imposed the agreed federal custodial sentences (including consecutive and concurrent terms), mandatory lifetime firearm prohibitions under s.109, a DNA-collection order, forfeiture of seized contraband, and declined to impose a victim surcharge due to undue hardship.

Citation
2011 NSPC 45
Parties
Crown: Her Majesty the Queen; Accused: Riley Michael Christopher Lloyd
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 July 2011
Procedural Posture
Criminal / Sentencing
Outcome
Convictions recorded; joint submission accepted; conditional sentence collapsed; custodial sentences and ancillary orders imposed as detailed below.
Legal Topics
Joint Submission, Collapse of Conditional Sentence, Forfeiture, DNA Collection Order, Firearm Prohibition, Victim Surcharge, Mandatory Prohibition Order
Source Language
English
Criminal Law Drug Offences Weapons Offences Sentencing Youth Criminal Justice Act Joint Submission Collapse of Conditional Sentence Forfeiture +4 more

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Parties

Her Majesty the Queen

Crown

Riley Michael Christopher Lloyd

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept an authentic joint submission
  2. 2 Whether to collapse the conditional sentence under s.742.6(9)(d)
  3. 3 Appropriate duration and concurrency/consecutiveness of sentences for CDSA and firearms offences

Ratio Decidendi

The court accepted the authentic joint submission as within the permissible range under appellate authority (R. v. Knockwood), collapsed the conditional sentence under s.742.6(9)(d) committing the accused to custody for the unexpired portion (148 days) and then imposed the agreed federal custodial sentences (including consecutive and concurrent terms), mandatory lifetime firearm prohibitions under s.109, a DNA-collection order, forfeiture of seized contraband, and declined to impose a victim surcharge due to undue hardship.

Court Disposition

Convictions recorded; joint submission accepted; conditional sentence collapsed; custodial sentences and ancillary orders imposed as detailed below.

Orders

  • Conditional sentence order #1164901 collapsed pursuant to s.742.6(9)(d); accused committed to custody until expiration of the unexpired portion (148 days).
  • Possession for the purpose of trafficking cocaine (case 2327884): 2 years custody, consecutive to time being served and consecutive to the collapsed conditional sentence.