CANADA. PROVINCE OF QUEBEC REGISTRY OF MONTREAL No. No.: 500-01-073832-120 No.: 500-01-073833-128 800-10-005808-157 COURT OF APPEAL LUKA ROCCO MAGNOTTA APPELLANT - Accused HER MAJESTY THE QUEEN RESPONDENT - Plaintiff APPEAL FROM A CONVICTION ON A GROUND THAT INVOLVES A QUESTION OF LAW ALONE AND NOTICE OF APPEAL (Article 675(1)(a)(i) of the Criminal Code) On the 19th of June 2012, the Appellant appeared at the Courthouse, 1, rue Notre-Dame Est, Montreal, district of Montreal, regarding the file numbers 500- 01-073832-120 and 500-01-073832-128 to face the following charges (a) On or about May 25, 2012, in Montreal, district of Montreal, did commit first degree murder on the person of Jun Lin, committing thereby an indictable offence contrary to section 235 of the Criminal Code; (b) On or about May 25, 2012, in Montreal, district of Montreal improperly or indecently interfering 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 182(b) of the Criminal Code; (3) Onor about May 25, 2012, in Montreal, district of Montreal, made, printed,published, 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) Onor about May 25, 2012, in Montreal, district of Montreal, 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 169(a) of the Criminal Code; and (8) On or about May 25, 2012, in Montreal, district of Montreal 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. On the 29th of September 2014, the Appellant stood trial with a jury for the charges described in the first paragraph before the Honourable Mr. Justice Guy Cournoyer of the Superior Court, District of Montreal; On the 23rd of December 2014, the jury, after considering the evidence brought at trial, found the appellant guilty on all five counts described in the first paragraph; On the 23rd of December 2014, the Appellant was sentenced to: count one: _ life imprisonment without eligibility for parole for a period of twenty- five years, a DNA order and s.109 order; count two: _ five years imprisonment; count three: two years imprisonment; count four: two years imprisonment; and count five: ten years imprisonment. The Appellant wishes to appeal these convictions entered, on the following grounds: 5.1 The verdicts are unreasonable and unsupported by the evidence and the5.2 5.3 54 5.5 5.5 5.6 instructions. The trial judge erred in law by including an instruction on motive in the Instructions to the Jury thereby confusing the issue of intent, planning and deliberation in relation to first degree murder. The trial judge erred in law by failing to instruct the jury in the Instructions to the Jury that the motive has to refer specifically to the murder of Jun Lin. The trial judge erred in law by failing to instruct the jury in the Instructions to the Jury on the limited use of bad character evidence of the Appellant. The trial judge erred in law in the instruction on section 16 in the Instructions to the Jury. The trial judge erred in law by limiting the subjects which the Appellant could cover in surrebuttal. The trial judge erred in law by allowing the jury to discuss the case from the beginning of the trial as opposed to only after hearing the closing submissions of counsel and the final Instructions to the Jury. 6. _ In first instance, the Appellant was represented by Me Luc Leclair, whose offices are located at 120 Carlton Street, suite 214, Toronto, Ontario MSA 4K2, telephone: 1-416-966-4588, fax: 1-416-536-5624 and email \_leclair@sympatico.ca. 7. __ Infirst instance, the Respondent was represented by Me Louis Bouthillier, Criminal and Penal Prosecutor, whose offices are located at 1, rue Notre Dame Est, Montreal, Quebec, telephone: 1-514-393-2703 ext 52122, fax: 1-514-873- 9895, and email: louis. bouthillier@dpep.gouv.qc.ca FOR THESE REASONS, MAY IT PLEASE THE COURT TO: GRANT the appeal; ANNUL the convictions entered by the trial judge on the 23rd day of December 2014; ORDER a new trial;RENDER all orders that comply with the standards of justice. Toronto, Ontario, this _/. day of January 2015, LUC LECLAIR Counsel for the Appellant - AccusedSWORN AFFIDAVIT I, undersigned, Luc Leelair, swear under oath the following: 1. Tam counsel for the Appellant, 2. All the facts presented in this application are true to my personal knowledge; Signed: Toronto, Ontario, this {5 day of January, 2015. Jn Ate { le LUC LECLAIR: Sworn before me in the province of Ontario in the city of Toronto onthe 18 Gay of January 2015. ioner iocBae = A. Hany ren AARBLST HE Axb LLo Caechw FS ponls CHAE ox pe 4 Sdaaod #2 Me tA ve?16 JAN. 2015 00-10-005808-157 Ne Ne: 500-01-073832-120 500-01-073833-128 COURT OF APPEAL OF QUEBEC. DISTRICT OF MONTREAL LUKA ROGOO MAGNOTTA ; APPELANT (Accused) v HER MAJESTY THE QUEEN RESPONDENT (Plaintiff) NOTICE OF APPEAL (S.6751(1)(a)(i) CC (Original) Me Luc Leclair 120 Carlton Street, suite 214, Toronto, ON. MSA 4K2 Tel: 1-416-966-4588 Fax: 1-416-536-5624 leclair@sympatico.ca“CANADA COURT OF APPEAL, PROVINCE OF QUEBEC REGISTRY OF MONTREAL No. LUKA ROCCO MAGNOTTA No.: §00-01-073832-120 No.: §00-01-073833-128 MOTION FOR LEAVE TO APPEAL FROM A CONVICTI APPELLANT - Accused 600-10-005808-157 HER MAJESTY THE QUEEN RESPONDENT - Plaintiff ON A GROUND THAT INVOLVES QUESTION OF MIXED FACT AND LAW (Article 675(1)(a)(ii) of the Criminal Code) TO ONE OF THE HONOURABLE JUSTICES OF THE COURT OF APPEAL, THE APPLICANT RESPECTFULLY SUBMITS: 1 On the 19th of June 2012, the Appellant appeared at the Courthouse, 1, rue Notre-Dame Est, Montreal, district of Montreal, regarding the file numbers 500- 01-073832-120 and 500-01-073832-128 to face the following charges: (@) On or about May 25, 2012, in Montreal, district of Montreal, did commit first degree murder on the person of Jun Lin, committing thereby an indictable offence contrary to section 235 of the Criminal Code; (b) On or about May 25, 2012, in Montreal, district of Montreal improperly or indecently interfering 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 182(b) of the Criminal Code;(3) On or about May 25, 2012, in Montreal, district of Montreal, made, printed, Published, 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) Onor about May 25, 2012, in Montreal, district of Montreal, 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 169(a) of the Criminal Code; and (5) On or about May 25, 2012, in Montreal, district of Montreal 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. On the 23rd of September 2014, the Appellant stood trial with a jury for the charges described in the first paragraph before the Honourable Mr. Justice Guy Cournoyer of the Superior Court, District of Montreal; On the 23rd of December 2014, the jury, after considering the evidence brought at tral, found the appellant guilty on all five counts described in the first paragraph; On the 23rd of December 2014, the Appellant was sentenced to: count one: life imprisonment without eligibility for parole for a period of twenty- five years, a DNA order and s.109 order; count two: _ five years imprisonment; count three: two years imprisonment; count four: two years imprisonment; and count five: ten years imprisonment. The Appellant wishes leave to appeal these convictions entered on the following grounds;6. 5.1 The trial judge erred by dismissing the Applicant's motion for severance of the two indictments. 5.2 The trial judge erred in the Instructions to the Jury by incorrectly instructing them on the use of the statements made by the Appellant to. Dr. Allard and to Dr. Watts. 5.3. The trial judge erred by including the email to the Sun Newspapers to the instruction that itis the murder that must be planned and deliberate not some other crime. 5.4 The trial judge erred in law by refusing to give a mid-trial instruction and only a final instruction on the use of a letter by Me Feldstein. 5.5 The trial judge erred by not dismissing juror number 14 (later juror number 12) despite the existence of reasonable grounds of a reasonable apprehension of bias. In first instance, the Appellant was represented by Me Luc Leclair, whose offices are located at 120 Carlton Street, suite 214, Toronto, Ontario MSA 4K2, telephone: 1-416-966-4588, fax: 1-416-536-5624; and email \leclair@sympatico.ca. In first instance, the Respondent was represented by Me Louis Bouthillier, Criminal and Penal Prosecutor, whose offices are located at 1, rue Notre Dame Est, Montreal, Quebec; telephone: 1-514-393-2703 ext 52122, fax: 1-514-873-9895 and email: louis. bouthillier@dpep.gouv.qe.ca FOR THESE REASONS, MAY IT PLEASE THE COURT TO: GRANT this motion; ALLOW the Applicant the permission to appeal from the convictions entered on the 23rd of December 2014 by the Honourable Mr. Justice G. Cournoyer of the ‘Superior Court, District of Montreal, in file numbers 500-01-073832-120 and 500- 01-073833-128; DEFER the hearing of the said Appeal to the Honourable Court of Appeal: AND PLEASE THIS HONOURABLE COURT:ANNUL the convictions entered by the trial judge on the 23rd day of December 2014; ORDER a new trial; and RENDER all orders that comply with the standards of justice Toronto, Ontario this {J day of January 2015. fash LUC LECLAIR Counsel for the Appeliant-AccusedSWORN AFFIDAVIT 1, undersigned, Lue Leelair, swear under oath the following: 1. Tam counsel for the Appellant. 2. All the facts presented in this application are true to my personal knowledge: Signed: Toronto, Ontario, this_45_ day of January, 2015 HUC LECLAIR Sworn before me in the province of Ontario in the city of Toronto on the /JMlay of January 2015. Commissioner > > a ee ane Baan set AP FAO ODN yea, 120 ee OUTAN DMANOTICE OF HEARING TO; Clerk Quebec Court of Appeal Edifice Emest Garnier 100, rue Notre-Dame Est Montréal, Qc, H2Y 1B6 Tel: 1-514-393-2022 Pax: 1-514-864-7270 AND TO: Me Louis Bouthillier Procureur ~ poursuites criminelles et pénales Bureau 4.100 1, rue Notre-Dame Est Montréal, Qe, H2Y 1B6 Tel: 1-514-393-2708 ext. 52122 Fax: 1-514-873-9895 be heard in courtroom 2015, at the Québec. TAKE NOTICE that the Appeal Notice for a new {rial be P0-/8 at 420 am on Wed aes day, the ds © of Quebec Court of Appeal, Edifice Emest-Cormier, 100, rue Notre-Dame Ma Signed: Toronto, Ontario January fs, 2015 eh Me Lue Leclair Counsel for the Appellant-AccusedNe. 306 - 10 - COS¥oR- 17} N°: 500-01-073832-120 500-01-073833-128 COURT OF APPEAL OF QUEBEC DISTRICT OF MONTREAL LUKA ROCCO MAGNOTTA APPELANT (Accused) v, HER MAJESTY THE QUEEN RESPONDENT (Plaintiff) MOTION FOR LEAVE TO APPEAL FROM A CONVICTION ON A GROUND THAT INVOLVES QUESTION OF MIXED FACT AND LAW (Art.6751(1)(a)(ii) (Copy) Me Luc Leclai 120 Carlton Street, suite 214, Toronto, ON. MSA 4K2 Tel: 1-416-966-4588 Fax: 1-416-536-5624 Lleclair@sympatico.ca