Ex-officer gets suspended sentence on gun charge after judge finds joint proposal too soft

A New Brunswick judge went against a joint sentencing proposal on Tuesday, arguing that the recommended sentence was not appropriate for a former peace officer who left a loaded gun in the house while his children were home.

Michael Breau, 35, appeared in provincial court in Fredericton, where he was given a suspended sentence of two years for improperly storing his service firearm at his Rusagonis house on March 29, 2022.

Earlier in the month, the Crown and defence had submitted a joint recommendation for a conditional discharge and two years on probation. But at the time, Judge Kelly Winchester wasn't satisfied and asked for further submissions.

On Tuesday, both the Crown and defence submitted other cases to support their recommendation, and they were reviewed by Winchester, who appeared by video conference.

Winchester read aloud the details of some of those cases, and noted that some, while similar in nature, did not involve a person who would have had proper gun training, as Breau did.

She went on to say the potential for serious harm to the children in Breau's home was real, and the conditional discharge, which would not leave the accused with a criminal record, was "contrary to public interest."

Giving Breau the benefit of a conditional discharge would not discourage others from acting in a similar manner, Winchester said.

At Breau's last court appearance, defence lawyer Emily Cochrane said Breau had suffered as a result of the incident. She said he is struggling with mental and physical health problems as well as with growing financial troubles because he lost his job.

While Winchester acknowledged that suffering on Tuesday, she sentenced Breau to the suspended sentence with two years probation, which means Breau will have a criminal record.