Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a weapon contrary to a prohibition order, Possession of a controlled substance, Breach of an undertaking, Breach of a release order
R. v. Joyce
- On release at the time
Sentence and the Crown's position
What the law allows
David Alan Joyce pleaded guilty to possession of methamphetamine for the purpose of trafficking, possession of hydromorphone, possession of a crossbow while under a weapons prohibition, possession of contraband tobacco and three breaches of release conditions, committed in Pictou County in 2020. The Crown sought terms totalling 24 months; the defence asked the court to strike down the conditional sentence exclusions and impose a conditional sentence. Judge Atwood imposed two years' imprisonment less 26 days of remand credit, with 30-day concurrent terms on the other counts, finding the challenge moot and citing two prior trafficking convictions as a statutory aggravating factor.
In the judge's words
1Given Mr Joyce’s individual circumstances, the low-end range of penalty for the § 5(2) charge alone would be at least two-years’ imprisonment, factoring in the statutory aggravating factor of two prior designated-substance convictions; the high end of the range would be three years. A sentence toward the lower end of that range would account for Mr Joyce’s guilty plea, and the fact that he trafficked in methamphetamine to help support his own dependency.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Possession of a controlled substance (CDSA 4(1))
- Breach of an undertaking (CC 145(4), 2 counts)
- Breach of a release order (CC 145(5))
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: Bronwyn Duffy
Defence: Trevor McGuigan
Sources
- R v Joyce, 2022 NSPC 40 Court decision, CanLII, August 4, 2022
[2] The prosecution seeks the imposition of terms of imprisonment totalling 24 months along with various ancillary orders.
[1] David Alan Joyce is before the court for sentencing for an array of offences committed between 12 March 2020 and 19 August 2020.
17 April 2020: Mr Joyce is found in the presence of a person he was prohibited from contacting in virtue of undertaking # 2263450, imposed following his arrest for the 12 March 2020 matters. … 19 August 2020: Mr Joyce found in possession of methamphetamine and in the presence of the same person as on 17 April and 10 August 2020, in contravention of release order # 2272719.
[54] … Given Mr Joyce’s individual circumstances, the low-end range of penalty for the § 5(2) charge alone would be at least two-years’ imprisonment, factoring in the statutory aggravating factor of two prior designated-substance convictions; the high end of the range would be three years. A sentence toward the lower end of that range would account for Mr Joyce’s guilty plea, and the fact that he trafficked in methamphetamine to help support his own dependency.
[4] … The court sentences Mr Joyce to a term of imprisonment of two years, less a remand credit of 26 days. The court declines to impose a term of probation. … case 8444503: a sentence of 704 days; but for the remand time, the sentence would have been an additional 26 days
- R v Joyce, 2022 NSPC 40 Court decision, Courts of Nova Scotia