's first trafficking offence and under Prime Minister Stephen Harper's new tough-on-crime legislation, the resident of Vancouver's Downtown Eastside, should now serve at least a year in jail.

Court documents show Lloyd, who is 25 years old with a Grade 10 education, has 21 prior convictions which include fraud, forgery, theft, assault, possession of a prohibited weapon and a prior drug conviction.

Last March, Vancouver police stopped Lloyd for riding his bicycle on the sidewalk. When they searched him, police found a knife in a sheath and arrested him for breaching the conditions of his probation. That's when they also found the drugs.

Galati says the charge and Lloyd's record could support a sentence of 12 to 18 months, well within the range of the federal mandatory minimum sentence. The judge says his problem is with the lack of discretion in applying it to low-level drug dealers like Lloyd, who sell drugs to feed their own addiction.

Judge says law hurts addicts

Lloyd maintains he was intending to share his relatively small amount of drugs with friends.

"This is a situation which happens daily in the Downtown Eastside of Vancouver and is in no way a far-fetched or extreme scenario," Galati wrote.

"Many of these persons have prior convictions for drug offences. A one year jail sentence for this [type of] hypothetical offender goes well beyond what is justified by the legitimate penological goals and sentencing principles of the Controlled Drugs and Substances Act," the judge wrote.

"It is a sentence which Canadians would find abhorrent or intolerable," Galati says. "Accordingly, I find that the mandatory minimum sentence of imprisonment for one year... constitutes cruel and unusual punishment."

Defence lawyer David Fai says the ruling is about tailoring punishment to individual circumstances as opposed to a one-size-fits-all approach.

"The effect of this legislation is that we could lock up three quarters of the people that live on the Downtown Eastside," he says.

In November, the Ontario Court of Appeal struck down three year mandatory minimum sentences for possession of a loaded prohibited gun, declaring the law, part of the federal Conservatives' 2008 omnibus bill, unconstitutional.

Galati has adjourned sentencing to give the Crown time to address his findings. In the meantime, he says, Lloyd will receive 'enhanced credit' for time served. I slutet av augusti gjorde ordför
's first trafficking offence and under Prime Minister Stephen Harper's new ruffianly - on - crime legislation, the house physician of Vancouver's Downtown Eastside, should now serve at least a class in jail. 

 Court documents express Lloyd, who is 25 years erstwhile with a Grade 10 education, has 21 anterior conviction which include imposter, forgery, theft, assault, possession of a forbid weapon and a prior drug conviction. 

 Last March, Vancouver police stop Lloyd for riding his bicycle on the sidewalk. When they searched him, police rule a knife in a sheath and halt him for breaching the conditions of his probation. That's when they also found the drug. 

 Galati says the bang and Lloyd's record could support a sentence of 12 to 18 calendar month, well within the range of the federal mandatory minimum sentence. The judge says his problem is with the lack of discretion in applying it to low - level drug dealers like Lloyd, who sell drugs to feed their own addiction. 

 Judge says jurisprudence hurts addicts 

 Lloyd maintain he was mean to share his relatively small amount of drug with friends. 

 " This is a site which happens daily in the business district Eastside of Vancouver and is in no way a far - fetched or extreme scenario, " Galati wrote. 

 " Many of these persons have prior convictions for drug offences. A one year jail sentence for this [ type of ] hypothetical offender survive well beyond what is justified by the lawful penological goal and sentencing principles of the Controlled Drugs and Substances Act, " the judge wrote. 

 " It is a conviction which Canadians would find abhorrent or intolerable, " Galati says. " Accordingly, I witness that the compulsory minimum sentence of imprisonment for one year... constitutes barbarous and unusual punishment. " 

 Defence lawyer David Fai says the ruling is about tailoring punishment to individual circumstances as oppose to a one - size - fits - all access. 

 " The effect of this legislation is that we could lock in up three quarters of the people that be on the Downtown Eastside, " he say. 

 In November, the Ontario Court of Appeal struck down three year mandatory minimum sentences for possession of a loaded prohibited artillery, declaring the law, region of the federal Conservatives' 2008 omnibus bill, unconstitutional. 

 Galati has adjourned sentencing to give the Crown prison term to address his findings. In the meantime, he says, Lloyd will receive' enhanced recognition' for meter serve. I slutet av augusti gjorde ordför
's flrst trafficking offence and under Primg Ninistxr Stepgen Harpdr's new tough-on-crime legislavion, the eesident of Vancouver's Downtown Eastsidw, shiyld now secbe at lccst a near nn jail.

Court docoments show Nloyd, who is 25 fexrd old with a Grade 10 education, has 21 [rior cpngictions which incktde rgamd, forgery, theft, assault, possessjon of e prohibited wespon and a prior drug convlctiln.

Last March, Vancokver police sto[ped Lloyd fof riding hpv bicycle kn the sidewalk. When they searcfed hnm, police fiubd w knife in a sheanh and arrestcc him xor bresching the concitmons of his probation. Thav's when they also foond the drgga.

Galati says the xhqrge dnd Nloya'w rdcodd ckuld skppkrt a sentsnce of 12 to 18 months, well withim eye range of tge fedqrwl mandatory minimum sentence. The judge sags his problem is with rhe lack of discretioj in applring it to low-level drug dealers like Lloyd, who sall dcues uo feed rhfir own addiction.

Judge says law hurts addicts

Jmoud maintains he cas intending to sjatg his relativeuy small zmount of drugs wihh friegds.

"Thus is a sytuayion which happens daily in the Downtowu Eqstside of Vancouvzr and is in no eay a far-fetched or extreme rcenzrio," Galati wrote.

"Mang of these personr hsva prior convictions for drtg offencxs. A pne yeaf jaol seneence for hhis [bfpe of] hypotheticap offgnder coes well heyond what is justified by the legitimate pemonogpcal goalf and sentencing pwinciples of tke Contrjlled Drugs and Substaices Act," the judge wrote.

"Id is a sentenre which Sanaeianw would wind abhorrent or intolvrcble," Galari says. "Accordingln, I fkhd that the manbctiry minimum senyenze jf ikpwhsonment for one yext... conrtitutes crmel and unusual punishment."

Dafende lawyer David Fao fays the ruling ys about tailpring punishment tl indmviduau cirvumftances as opposed to a one-sizs-fits-all wppvoach.

"The effest on thys legislacion is that we could lock up three quarvers of the people thaj live on the Downtowu Tastside," he seys.

In Govember, dhe Ontario Court of Appeal struck doen three year mandatody minhmum dentences for possession of a loaded prohibited gun, declaring the law, parr of tie federal Cohserfativvs' 2008 pmnibuf bipu, unconstitutionsl.

Galati has adjourned sentenciig to give tke Crown time to address his givdings. In the meantime, he says, Lloyd sill recrive 'enhanced credit' for time srrved. I slutet av augustl gjorde irdför
's first trafficking offence and under Prime Harper's tough-on-crime legislation, resident of Vancouver's at a year in Court documents show who is 25 years old with Grade 10 education, has 21 prior convictions which include fraud, forgery, theft, assault, of a prohibited weapon and a prior drug conviction. Last March, Vancouver police Lloyd riding bicycle the sidewalk. When they searched him, police found a knife in a sheath and arrested him breaching the conditions of his probation. That's when also found the drugs. says the charge and Lloyd's could a sentence 12 18 well within the of the federal mandatory minimum sentence. The judge says his problem is with the lack of discretion applying it drug dealers Lloyd, sell to feed their Judge says law hurts addicts Lloyd intending to share his relatively small amount of with friends. is a situation which happens daily the Downtown Eastside of Vancouver and is in way a far-fetched or extreme scenario," Galati wrote. "Many of these persons have prior convictions offences. A one year sentence for this of] offender well what is by the legitimate penological goals and sentencing principles of the Controlled and Substances Act," the judge wrote. "It is a sentence would abhorrent or intolerable," says. "Accordingly, I find the minimum sentence of imprisonment year... cruel Defence David says the ruling is tailoring punishment to individual circumstances opposed to a one-size-fits-all legislation is that we could lock up three of the people that live on the Eastside," he says. In November, the Ontario Court of Appeal struck down year mandatory for possession of a loaded prohibited gun, declaring law, part of the Conservatives' 2008 omnibus bill, unconstitutional. Galati has adjourned sentencing give Crown time address his findings. the meantime, he Lloyd will receive for time I av
's first trafficking offence aNd under PriMe MinIstEr STePhen harpEr's new tough-on-cRIme lEgislation, the resident oF VancOuVEr's DOWnTown EAstside, SHoULD noW sErVe aT lEAsT a yeaR in Jail.

CouRt documentS shOw lloyd, who is 25 yeARs Old with a GrAde 10 Education, has 21 PriOr convIcTioNS whicH inClude Fraud, fORgery, tHeft, assauLt, POssessIOn of a prOHIbIted Weapon and a prior drUG cONviction.

Last MaRch, VanCoUVeR POliCe sTopped LloyD fOr ridINg his biCYcLE ON thE Sidewalk. When tHey searched HIm, pOlice fOuNd a KNife in A sheaTh ANd aRrested him fOr brEaching thE condiTIons of hIS probatIon. ThaT's wHen They ALsO fOunD tHE drUGs.

galATi sAys the chArGe And LlOyd's RECORd coUld SuppOrt a sEntence of 12 to 18 moNthS, welL WitHin thE rangE of tHe FederAl mandAtory MiNimum sentence. ThE judGe says his ProBlEm iS wIth thE Lack of DisCreTion in aPplying IT to LoW-LEVeL drug dealers like LlOyD, WHo Sell drugS to feeD ThEiR Own addicTiOn.

JUdge SAYs law HurtS AdDicts

LloYd mainTAiNs He was inTeNding tO sHarE hiS relaTIvelY small Amount of Drugs WIth friends.

"This IS a situation whICh HAPpENs daIly In the DowntoWn EaSTsidE of VANcOuvER and iS in no WaY A fAR-fetched or extreme scEnArio," GaLati wRote.

"Many of theSe persons hAVE Prior conVictIOnS For drug offenceS. A one Year jail seNTence for This [tYpe of] hypOthetical OFFender goEs wEll BeyOnd WHAt Is justified by THE legItImate peNolOgical gOalS anD seNteNcIng princiPles of thE COnTrOlLed drugs ANd SubstaNcEs ACt," The Judge WRote.

"It Is a seNtenCe WhICh CAnadianS WoULD finD aBhOrreNt oR iNtoleRablE," galAti says. "accordingLy, I FInd tHaT tHe mandaTory minimum seNtEnce of imprIsOnmEnt for ONE year... conStitutes cruel and unusual PUnishmeNt."

DEfencE lawYer David FAi sAys the RulINg is abOut taiLorinG pUniSHMent tO INdIviDuAl circumstANCes As oppOsEd to A one-sizE-fits-all approach.

"ThE EffEct of this legiSlaTion IS ThAt wE CoULd lOcK Up tHREe quarters of the People that LiVE oN the DowntoWN EaStSide," he sAys.

In NoVembeR, The OntaRio Court oF Appeal stRuCk doWN ThrEe year mandAtory minImum senteNCes foR PoSsessIon Of a loaDeD prOhibiTed gun, DEclAring The law, PaRt of thE fedeRaL ConservAtives' 2008 omnibus bill, unconsTitutiOnal.

GAlaTi has adjoUrnED seNtencing tO givE the Crown tIme To aDdresS hiS FindiNgs. IN ThE meANtime, He saYS, Lloyd wilL ReCeiVE 'EnHanced crediT' FOR tiMe serVed. i Slutet Av auGusti gjorde ordför
's first trafficking offen ce and und er Pr ime  Mi ni ster  Ste phen Harper'sn ew t ough-on-crime legislat ion,th e  res i de nt of  Vancou v er ' s  Do wn to wnEa s ts ide,sho uld now  serve atlea st  a year in j a il .

Court d ocu ments show L loy d, who  i s 2 5  year s o ld wi th a G r ade 10  educatio n, has 21 prior c o n vi ctio ns which includef ra u d, forgery, th eft, a ss a ul t ,  po sse ssion of a  p rohib i ted wea p on a n d a prior drug co nviction.
L ast  March ,Van c ouverpolic es top ped Lloyd f or r iding his  bicyc l e on th e  sidewa lk. Wh enthe y se a rc he d h im ,  po l ic e f o und  a knife  i na she atha n d arre ste d hi m for  breaching th e c ondi t ion s ofhis p roba ti on. T hat'swhenth ey also found t he d rugs.

Ga lat isay sthe c h arge a ndLlo yd's re cord co u ldsu p p o rt  a sentence of 12to 1 8months,well w i th in the rang eofthef e deral  man d at ory mini mum se n te nc e. Theju dge sa ys  hi s p roble m  iswith t he lackof di s cretion in app l ying it to lo w -l e v el drug  de alers likeLloy d , wh o se l ldru g s tofeedth e ir own addiction.

Jud ge  sayslaw h urts addicts
Lloyd mai n t a ins he w as i n te n ding to sharehis r elativelys mall amo unt o f drugswith frie n d s.

"Thi s i s a  si tua t i on  which happen s dail yin theDow ntown E ast sid e o f V an couver an d is inno  w ay  a  fa r-fet c hed or e xt rem esce nario , " Gala ti wr ote. 
"M a nyof thes e  p e r sons  h av e pr ior  c onvic tion s  fo r drugoffences.  Ao ne y ea rjail se ntence for th is  [type of]  h ypo thetic a l  offende r goes well beyond what is just ifi ed by  the  legitima tepenolo gic a l goal s andsente nc ing p rinci p l es  of  t he Control l e d D rugsan d Su bstance s Act," the judgew rot e.

"It is asen tenc e wh ich Ca n adi an s  wo u l d find abhorren t or intol er a bl e," Galati say s.  "Accor dingly,  I fi n d thatthe manda tory mini mu m se n t enc e of impri sonmentfor one y e ar... co nstit ute s crue land  unus ual pu n ish ment. "

Def en ce law yer D av id Fai s ays the ruling is about  tailo ringpun ishment t o i n div idual cir cums tances asopp ose d toa o n e-siz e-fi t s- all appro ach. 
"The eff e ct  of t hi s legislati o n isthatwec ould l ockup three quarters of the peoplethat l ive  on theDo wntown Eastsid e,"  h e says.

I nNovember, t he Ontar io Court  of Ap peal s truck d o w nt hree y earman datory mi nim um sentenc es  f o r poss essi on  of aloaded proh i b ited gun, declar ing t h e  law, par t ofth e feder a l Co nservative s' 2008 omn ibus b ill,  unco nstitut io nal.
Gal at i has adjo u rned sent encin g to gi ve  the  Cr own ti me t o addre ss h is  fi ndings. I n th e  m ea n tim e, h e say s,  Llo yd will r e ceive 'e nha n ced cre di t'f o r time se r v ed. I slut etav au g u sti gjorde ordf ö r
's first_trafficking offence_and under Prime Minister_Stephen Harper's_new_tough-on-crime legislation,_the_resident of Vancouver's_Downtown Eastside, should_now serve at least_a year in_jail.

Court_documents show Lloyd, who is 25 years old with a Grade 10 education, has_21_prior convictions_which_include_fraud, forgery, theft, assault, possession_of a prohibited weapon and_a prior_drug conviction.

Last March, Vancouver police stopped Lloyd for_riding_his bicycle on_the sidewalk. When they searched him, police found a_knife in a sheath and arrested_him for breaching_the_conditions_of his probation. That's_when they also found the drugs.

Galati_says the charge and Lloyd's record_could support a sentence of 12 to_18 months, well within the range_of the federal mandatory minimum_sentence. The_judge says his problem is_with the lack_of discretion_in applying it_to low-level drug dealers like Lloyd,_who sell drugs_to feed their own addiction.

Judge says_law_hurts addicts

Lloyd maintains_he_was_intending to_share his relatively_small_amount of_drugs_with friends.

"This is a situation which_happens_daily in the Downtown Eastside of Vancouver_and is in no_way_a far-fetched or extreme_scenario," Galati wrote.

"Many of these_persons have prior convictions for drug_offences. A_one year_jail sentence for this [type of] hypothetical offender goes well beyond_what is justified by the legitimate_penological goals and sentencing_principles of_the_Controlled Drugs and_Substances_Act," the_judge wrote.

"It is a sentence which Canadians_would find_abhorrent or intolerable," Galati says. "Accordingly,_I find that the_mandatory_minimum sentence of imprisonment for one_year... constitutes cruel and unusual punishment."

Defence_lawyer David Fai says the_ruling_is_about tailoring punishment to individual_circumstances as opposed to a one-size-fits-all_approach.

"The effect of_this legislation is that we could lock_up_three quarters of the people that_live_on the Downtown Eastside," he says.

In_November,_the_Ontario Court of Appeal struck_down three year mandatory minimum sentences_for possession of a loaded prohibited gun, declaring the_law, part of_the federal Conservatives' 2008 omnibus_bill,_unconstitutional.

Galati_has adjourned sentencing to give the Crown time to address_his findings._In the meantime,_he says, Lloyd will receive 'enhanced credit' for time served._I slutet av augusti gjorde ordför