CASE LAW - R v Francisco

BC Courts Coat of ArmsThe case of R v Francisco involves a collision on June 7, 2019 in Burnaby that resulted in the death of a pedestrian, Louise Landreth. Roberto Francisco was driving a BMW sedan erratically over a period of about one hour and twenty minutes until a collision at high speed resulted in a loss of control and Ms. Landreth being struck and killed.

It was determined that Mr. Francisco had a blood alcohol level of at least 188 mg% and was travelling at 167 km/h in the posted 50 km/h zone.

He pled guilty to one count of criminal negligence causing death and was sentenced to:

  • 4 years in jail
  • An order to provide DNA
  • A 4 year driving prohibition once he is released

Of interest here is now security and dash camera video obtained by police contributed to the circumstances.

It is also possible that he will be found to have breached his ICBC insurance policy and will not be covered for the damages.

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I have followed this case and I’m not impressed by the continuing minimal sentencing because there’s always time off for time served and good behaviour in jail. Then there’s the mandatory release process to reduce the workload in prisons as I understand it. Be lucky to see much more than 2 years in total, which is simply inadequate for this offence. It’s not like he was modesty impaired and made a mistake. But I’ll stop now before I start ranting.