R v Joyce

R v Joyce

For a low-level petty retailer convicted of s.5(2) CDSA trafficking with two prior designated-substance convictions the appropriate range is two to three years; the court imposed a two-year sentence less 26 days remand credit (704 days to be served), declined to address the Charter challenge to ss.742.1(c) and (e)(ii) as moot because the imposed sentence exceeded the CSO threshold, and granted ancillary orders while declining probation and victim surcharge.

Citation
2022 NSPC 40
Parties
Prosecution: Her Majesty the Queen; Accused: David Alan Joyce
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 August 2022
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to 704 days imprisonment (two years less 26 days remand credit); CSO ineligibility provisions not ruled on (moot); ancillary orders granted; no probation imposed; victim surcharge waived.
Legal Topics
Sentencing, Trafficking, Possession for the Purpose of Trafficking, Conditional Sentence Ineligibility, Charter S.7 Challenge, Remand Credit, Ancillary Orders
Source Language
English
Criminal Law Controlled Drugs and Substances Act Constitutional Law Revenue Law Excise Law Sentencing Law Sentencing Trafficking +5 more

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Parties

Her Majesty the Queen

Prosecution

David Alan Joyce

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether ss.742.1(c) and (e)(ii) of the Criminal Code are unconstitutional under s.7 of the Charter
  2. 2 Appropriate sentence for s.5(2) CDSA possession for the purpose of trafficking given prior designated convictions
  3. 3 Whether a conditional sentence order (CSO) can be imposed

Ratio Decidendi

For a low-level petty retailer convicted of s.5(2) CDSA trafficking with two prior designated-substance convictions the appropriate range is two to three years; the court imposed a two-year sentence less 26 days remand credit (704 days to be served), declined to address the Charter challenge to ss.742.1(c) and (e)(ii) as moot because the imposed sentence exceeded the CSO threshold, and granted ancillary orders while declining probation and victim surcharge.

Court Disposition

Accused sentenced to 704 days imprisonment (two years less 26 days remand credit); CSO ineligibility provisions not ruled on (moot); ancillary orders granted; no probation imposed; victim surcharge waived.