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Nova Scotia’s highest court has reserved its decision in the appeal of a Cape Breton man sentenced to life in prison for stomping another man to death nearly four years ago.
Tyler Anthony MacNeil, 35, was convicted of second-degree murder for a June 2022 attack in Sydney Mines, N.S., that killed Leonard Groves.
According to evidence at his trial, MacNeil was visiting an apartment when he and others saw Groves trying to steal the motocross bike he’d left outside.
MacNeil and two other men chased down Groves, who was knocked to the ground where MacNeil repeatedly stomped and kicked him in the head, inflicting the injuries that caused his death.
MacNeil’s lawyer, Allan MacDonald, told the Nova Scotia Court of Appeal during a hearing Tuesday morning in Halifax that the trial judge failed to properly consider self-defence to explain MacNeil’s actions.
MacDonald told the court that his client had been afraid of Groves, who had a reputation for violence and weapons, and didn’t know how serious the risk was because he didn’t know whether Groves was armed when he accosted him.
Crown prosecutor Timothy O’Leary disputed that position.
“A reasonable person would not repeatedly jump, kick or stomp Leonard in the head with those boots,” O’Leary told the appeal panel.
“A reasonable person would not apply force he or she knew could likely cause Leonard’s death. A subjective fear is not a licence, it was not a licence for the accused to do whatever he wanted to Leonard.”
Chief Justice Michael Wood, who led the three-member appeal panel, said the trial judge did take the severity of MacNeil’s actions into consideration.
“But did he [the trial judge] not conclude that the number and severity of the kicks administered by Mr. MacNeil ended up crossing into the realm of unreasonableness?” Wood asked.
When MacDonald agreed that the judge had considered that, Wood then asked, “So how does whether he believed he was armed or not affect that analysis?”
Groves was unarmed that night.
MacNeil’s conviction carries an automatic life sentence. The trial judge ruled he must serve a minimum of 12 years in prison before he can begin applying for parole.
The Appeal Court gave no indication when it would rule in the case.
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