R. c.

Magnotta,
2014 QCCS 4247
Adelaide Potter

 Lin Jun is murdered

Foot was mailed to Conservative Party of Canada,
package with hand for Liberals is intercepted
Body parts sent to 2 Vancouver elementary
schools
Video 1 Lunatic, 1 IcePick appears online
depicting gruesome murder, necrophilia and
cannibalism
Man in video is identified as Luka Magnotta
Led to manhunt for Magnotta, eventually found in
an internet cafe

Charged with:
1.
On or about May 25, 2012, in Montral, district of Montral, did commit first degree murder on
the person of Jun LIN, committing thereby an indictable offence contrary to section 235 of the Criminal
Code.
2.
On or about May 25, 2012, in Montral, district of Montral, did improperly or indecently
interfere with or offer an indignity to the body or the human remains of Jun LIN whether buried or not,
committing thereby an indictable offence contrary to section 182b) of the Criminal Code.
3.
On or about May 25, 2012, in Montral, district of Montral, made, printed, publication,
distributed, circulated or had in his possession for the purpose of publication, distribution or circulation
any obscene written matter, picture, model, phonograph record or other thing whatever, committing
thereby an indictable offence contrary to section 163(1)a) of the Criminal Code.
4.
On or about May 25, 2012, in Montral, district of Montral, did make use of the mails for the
purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous,
committing thereby an indictable offence contrary to section 168 and 169a) of the Criminal Code.
5.
On or about May 25, 2012, in Montral, district of Montral and Ottawa, Ontario, without lawful
authority, did act towards Stephen HARPER and members of Parliament, knowing that they were being
harassed or being reckless as to whether they were being harassed, in engaging in a prohibited
conduct referred to in subsection 264(2)d) of the Criminal Code, causing Stephen HARPER and
members of Parliament to reasonably fear for their safety or the safety of anyone known to them,
committing thereby an indictable offence contrary to section 264(1) (3)a) of the Criminal Code.

Arguments (Defense)
Confessed to murder but pled not guilty due to
criminal insanity (Section 16 of Criminal Code)
16. (1) No person is criminally responsible for an act committed or an
omission made while suffering from a mental disorder that rendered
the person incapable of appreciating the nature and quality of the act
or omission or of knowing that it was wrong.

Diagnosed by different psychiatrists with different

disorders
Previous diagnosis with paranoid schizophrenia,
family history of mental illness
Argued that Magnotta was psychotic at the time
of the murder

Arguments (Prosecution
Murder was planned
Violent past (kitten killings)

Verdict
Luka Magnotta was found guilty of all charges
against
Received life sentence for first degree murder,
with an additional 19 years for other crimes

Questions
To what extent should we protect the rights of
mentally unstable people?