Second degree murder
R. v. MacNeil
- Below the Crown's ask
Sentence and the Crown's position
Both are life sentences, so the bars compare how long before parole can be considered.
What the law allows
Tyler Anthony MacNeil was convicted after trial of second degree murder for kicking and jumping on the victim's head during an altercation over a stolen motocross bike in Sydney Mines in June 2022. The Crown sought parole ineligibility of 14 to 15 years and the defence the 10-year minimum. Justice Murray imposed the mandatory life sentence and set parole ineligibility at 12 years, finding the brutality of the attack and the failure to provide assistance warranted more than the minimum, while noting credible evidence of good prospects for rehabilitation and a criminal record less extensive than in the Crown's cases.
In the judge's words
1I have reviewed, considered and summarized the cases provided by the Crown, and for the time period of 14 to 15 years, the common element in these cases is the extensive criminal records held by these offenders. With the possible exception of R. v. Bouchard, 2016 ONSC 4484, and on average, the criminal records of the offenders in these cases were more extensive than Mr. MacNeil’s, for assaults in particular.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 10 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
Sources
- R. v. MacNeil, 2025 NSSC 132 Court decision, CanLII, March 15, 2025
[28] The Defence agrees with the Crown that their client, should fall into the first category which is 10 to 15 years, but the Defence argues that Mr. MacNeil should be eligible to apply for parole after the minimum of 10 years is served, rather than the 14-15 years recommended by the Crown.
[28] The Defence agrees with the Crown that their client, should fall into the first category which is 10 to 15 years, but the Defence argues that Mr. MacNeil should be eligible to apply for parole after the minimum of 10 years is served, rather than the 14-15 years recommended by the Crown.
[2] Under section 235(1) of the Criminal Code, everyone who commits second degree murder, is guilty of an indictable offence and shall be sentenced to imprisonment for life.
[1] This is my sentencing decision, in respect of the Defendant, Tyler Anthony MacNeil.
[93] I have reviewed, considered and summarized the cases provided by the Crown, and for the time period of 14 to 15 years, the common element in these cases is the extensive criminal records held by these offenders. With the possible exception of R. v. Bouchard, 2016 ONSC 4484, and on average, the criminal records of the offenders in these cases were more extensive than Mr. MacNeil’s, for assaults in particular.
[8] It must be remembered that the sentence that will be imposed on Mr. MacNeil is one of life imprisonment. … 6) considering the sentencing principles under the Criminal Code, including s. 725.4, Mr. MacNeil’s parole ineligibility is set at 12 years.
- R. v. MacNeil, 2025 NSSC 132 Court decision, Courts of Nova Scotia