Citynow Drunk driver who killed senior appeals driving ban

CorneliaNaylor cnaylor@burnabynow com

A NewWestminster man sentenced to four years in prison for driving drunk and killing an Ontario grandmother visiting her son and new grandchild in Burnaby was out of custody in less than a year and is now appealing his fouryear driving ban, according to a recent B C Court of Appeal ruling.

Roberto Gil Francisco, 42, pleaded guilty in January 2022 to criminal negligence causing death and was sentenced the following month to four years in prison and a four-year driving ban

The charge relates to a June 7, 2019 crash that killed Louise Landreth, a 69-year-old retired Harrington, Ont., accountant who had been visiting family in North Burnaby

Francisco, with a blood-alcohol level more than twice the legal limit, was driving his BMW sedan at about 167 km/h on Lougheed Highway near Brentwood Mall when the vehicle jumped the curb and fatally struck Landreth, who had been out for a walk, according to agreed facts presented at a sentencing hearing

Francisco, who was released from custody on Jan 12, 2023, is now in the process of appealing his driving ban, according to a B C Court of Appeal ruling by Justice Barbara Fisher lastTuesday.

There was a “substantial” delay in Francisco filing for his appeal, so he had to apply for an extension Fisher said Francisco’s circumstances were not an acceptable excuse for the delay, but she ruled the extension “would be in the interests of justice” because of recent conflicting rulings in other provinces that make it unclear whether Francisco’s sentencing judge had the jurisdiction to impose the discretionary driving ban.

The Crown also didn’t oppose the extension