Offender gets time served for shed fire
Brett Edward Francis, 42, of Moncton, destroyed his brother’s shed by fire late last year, and admitted recently to a lesser charge
A Moncton man who destroyed a shed on his brother’s property near Fredericton last year was released from custody Wednesday after being sentenced to time served.
Brett Edward Francis, 42, of High Street in Moncton but formerly of the Fredericton area, appeared in Fredericton provincial court by video conference from the Saint John Regional Correctional Centre on Wednesday for a sentencing hearing.
He was originally charged with arson, stemming from a fire Dec. 8 at the Bilijk (Kingsclear) First Nation home of his brother, Ryan Francis, during which a shed was destroyed.
While maintaining his not-guilty plea on that count, Brett Francis pleaded guilty two weeks ago to the lesser, included charge of mischief causing damage to property.
He also pleaded guilty to a Feb. 1 count of breaching a release order by failing to attend court.
Crown prosecutor Patricia Gillett and defence lawyer Doug Smith presented a joint recommendation on sentence Wednesday: 141 days in jail.
Gillett noted Francis had already served 92 days on remand, which means that after applying the customary 1½-to-one formula for remand time, he was to be credited for 141 days in custody.
Because of some disclosure issues that arose just before the scheduled trial date, the prosecutor said, a postponement would have been necessary, meaning Francis would have had to remain in custody even longer.
“The Crown file had some major issues,” Gillett said, adding the negotiated sentence recommendation stemmed in part from some quid pro quo to acknowledge that fact.
The recommended sentence is at the lower end of the range, especially given Francis’ lengthy criminal record, she said, but it was appropriate in the circumstances.
Smith noted his client’s guilty pleas and expression of remorse were mitigating factors for the court to consider.
Francis apologized for his actions, noting the December incident was brought on by his use of crystal meth.
He said he moved from the capital region to Moncton to get away from drug dealers he knows and to try to change his ways. The offender said he plans to return to Moncton and work to address his addiction.
“You’ve been pretty candid in acknowledging you have an issue,” said Judge Scott Brittain.
He accepted the joint recommendation and told Francis he’d be released from jail that day.
You can contact Don MacPherson at ftonindependent@gmail.com.