Lawyers for a Canadian former porn actor accused of the grisly murder and dismemberment of a 33-year-old Chinese student told a court on Friday the alleged killing was not planned.
Defense lawyer Luc Leclair argued that the evidence against Luka Rocco Magnotta -- accused of butchering Lin Jun last May and posting footage of the killing on the Internet -- does not support a charge of calculated murder.
He asked the court to consider, if the case is to go to trial, a lesser charge of unpremeditated murder, which carries the same penalty as first degree murder -- life in prison -- but provides a faint hope for early parole.
Court restrictions limit reporting of the hearing, including the evidence in the case.
Judge Lori Renee Weitzman is expected to announce later whether the evidence is sufficient to proceed to trial and what charges are warranted.
Magnotta, 30, the so-called "Canadian Psycho," has pleaded not guilty to first degree murder and other proposed charges, including committing indignities to a body and harassing Canadian Prime Minister Stephen Harper.
Police have said Magnotta, who had been a gay porn actor and sex worker, stabbed his victim with an ice pick before carving up his body, sexually abusing the corpse, filming the act and posting the video online.