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#2245
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06-09-2012, 09:41 AM
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Re: Luka Magnotta 1 Lunatic 1 Ice Pick Murder Video
Miami looking into him for a cold case... The Miami Police Department is the latest force searching for ties between Luka Rocco Magnotta and an unsolved homicide, as law-enforcement agencies across the continent take a closer look at the distinct Montreal killing. http://www.cbc.ca/news/world/story/2...tta-miami.html |
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#2248
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06-09-2012, 12:18 PM
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Re: Luka Magnotta 1 Lunatic 1 Ice Pick Murder Video
He can't use a defence of insanity. Reproduced from Wiki: The defence of mental disorder is codified in section 16 of the Criminal Code of Canada which states, in part: 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. To establish a claim of mental disorder the party raising the issue must show on a balance of probabilities first that the person who committed the act was suffering from a "disease of the mind", and second, that at the time of the offence they were either 1) unable to appreciate the "nature and quality" of the act, or 2) did not know it was "wrong". The meaning of the word "wrong" was determined in the Supreme Court case of R. v. Chaulk [1990] 3 S.C.R. which held that "wrong" was NOT restricted to "legally wrong" but to "morally wrong" as well. He's about to be studied in depth by mental health experts, so their testimony is going to be very interesting. (I was quite surprised to see how much of our English law is used in Canada btw) |
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#2249
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06-09-2012, 12:31 PM
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Re: Luka Magnotta 1 Lunatic 1 Ice Pick Murder Video
I don't know if Canada would even extradite him to the USA, unless the DP was taken off the table. If he is responsible for multiple homicides in both countries, which country gets him first? Does the first victim country have dibs or regardless Canada does?
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