Crown appeals Moncton killer Tyler Noel's 'inordinately low' sentence
Parole eligibility of 16 years for 2nd-degree murder of Baylee Wylie 'demonstrably unfit,' says Crown
The Crown is appealing the sentence of Moncton murderer Tyler Noel, arguing it is "inordinately low, demonstrably unfit and clearly unreasonable."
Noel, 20, was sentenced July 13 to life in prison with no chance of parole for 16 years for second-degree murder in the death of Moncton teen Baylee Wylie.
The body of the 18-year-old was discovered beneath a mattress in the ruins of a burned-out triplex unit on Sumac Street on Dec. 17, 2015.
He had been bound in plastic wrap, tied to a chair, severely beaten and stabbed, suffering up to 200 wounds, the trial heard.
Noel was originally scheduled to be tried for first-degree murder, which carries an automatic life sentence with no chance of parole for 25 years, but pleaded guilty to the lesser charge of second-degree murder and to arson with disregard for human life.
- Murderer Tyler Noel must serve 16 years of life sentence before seeking parole
- Baylee Wylie's murder derailed family who loved him, sentencing hears
Second-degree murder also carries an automatic life sentence, but parole eligibility can range between 10 and 25 years.
The Crown asked Court of Queen's Bench Justice Stephen McNally to consider requiring Noel to serve at least 20 to 25 years before becoming eligible to apply for parole, describing the murder as brutal and unprovoked.
Noel's defence lawyers countered that the parole ineligibilty proposed by the Crown would be the highest ever imposed in New Brunswick.
They requested 12 years for the murder and another three for the arson, noting Noel did not act alone; he had two co-accused.
She does not indicate the length of sentence the Crown is seeking but argues the sentencing judge "erred in law and in principle" by setting parole ineligibility at 16 years.
It's "clearly unreasonable in all the circumstances having regard to the fundamental purpose, objectives and principles of both parole ineligibility and sentencing," Gregory wrote in the application, a copy of which was sent to Noel at Springhill Institution in Nova Scotia.
Gregory also contended that McNally erred in law and in principle by refusing to decide whether to approve the sentencing recommendations made by Wylie's mother, grandfather and aunt in their victim impact statements.
The Office of the Attorney General declined to comment on the application for leave to appeal on Thursday.
"This is an ongoing case so we're not able to comment," said spokesperson Marc-André Chiasson told CBC News.
Pleads guilty to 8 other charges
The application comes as Noel faces sentencing on eight additional charges. He changed his pleas on these to guilty on Wednesday.
Five of the charges stem from the three weeks Noel managed to elude police after the murder. Those charges include:
- Possession of a stolen .22-calibre rifle.
- Possession of a stolen firearm.
- Unlawfully entering a camp on Hillside Road in Elgin.
- Possession of a stolen Apple Mac Book Pro.
- Failing to comply with a court undertaking from November 2015 to not possess any weapons.
A Canada-wide warrant had been issued for Noel's arrest on Dec. 28, 2015. He was arrested with two other men in vehicle near Petitcodiac, N.B., on Jan. 9, 2016, after police responded to a report of a break-in at a cottage in Elgin.
The other charges include two counts of possessing a prohibited stun gun without a licence on Sept. 20, 2015 and Sept. 24, 2015, and failing to appear in court on Dec. 18, 2015 — the day after the murder.
A sentencing hearing has been set for Sept. 15 at 1:30 p.m. Four other charges are expected to be dropped at that time.
Noel still has one outstanding charge. He is accused of escaping lawful custody on Feb. 10, 2017, while awaiting his murder trial at the Saint John Regional Correctional Centre.
Judge weighed motive, young age
During sentencing at the murder trial, McNally said Noel's motive for the killing — the fear that Wylie would tell police Noel was selling drugs and owned a gun — was particularly troubling.
But the judge also acknowledged Noel's difficult upbringing and said his young age "should leave some hope."
After hearing the sentence, Wylie's mother, Amanda, could be heard crying from the hallway.
Noel called the murder "stupid and wrong."
"I hope you guys can sincerely forgive me," he said in court.
Devin Morningstar, 19, is serving a life sentence with no parole eiligibility for 25 years after being convicted last year of first-degree murder and arson in Wylie's death.
Co-accused Marissa Shephard, 21, is in custody awaiting trial in February 2018 on charges of first-degree murder and arson.
With files from Kate Letterick