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Jury sequestered at Luka Rocco Magnotta trial

WATCH: Luka Magnotta has admitted to the killing Chinese student Jun Lin, but has asked the jury to find him not criminally responsible because of a mental disorder. Now as Mike Armstrong reports, the jury will decide if he goes to jail or to a mental institution.

MONTREAL – The jury at Luka Rocco Magnotta’s first-degree murder trial has been sequestered.

Justice Guy Cournoyer completed his final instructions late today and 12 jurors will now decide the fate of the 32-year-old Ontario native.

They will have to reach a verdict on each of the five charges Magnotta faces in the slaying and dismemberment of Jun Lin in May 2012.

Magnotta has admitted to the killing but has asked the jury to find him not criminally responsible by way of mental disorder.

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The Crown has argued Magnotta should be found guilty of first-degree murder and the four other charges.

READ MORE: Magnotta judge to give jury final instructions as trial enters final stages

The jurors have been told if they opt for a not criminally responsible verdict, it must apply to all five charges.

Fourteen jurors heard the evidence but two were sent home once the judge’s instructions were completed.

Cournoyer told the jurors they must rely solely on evidence they heard at the trial, which began in late September.

Psychiatrists for the defence testified Magnotta is schizophrenic, was psychotic the night of the slaying and was unable to tell right from wrong.

“Under our law, the verdict of not criminally responsible by reasons of mental disorder is not a loose term, quite the contrary,” Cournoyer told the jurors. “There are specific criteria to determine whether the defence of mental disorder is applicable.”

Crown prosecutor Louis Bouthillier reiterated in his final statement the crime was planned and deliberate and that there was no evidence Magnotta was suffering from a disease of the mind.

Cournoyer told the jury that Magnotta is presumed innocent, a presumption that remains unless the Crown proves its case beyond a reasonable doubt.

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That burden of proof always rests with the prosecution and never shifts, he said, adding that a mental disorder defence requires the accused to meet certain standards.

“Mr. Magnotta must prove that it is more likely than not that he suffered from a mental disorder to such an extent at the time the offences were committed that he is not criminally responsible,” Cournoyer said. “This is a lower standard than proof beyond a reasonable doubt.”

READ MORE: Magnotta’s actions prove planning of deliberate murder, Crown tells jury in closing arguments

He also told the jurors they must not be influenced by public opinion and that they have to assess the information they have impartially and without sympathy, prejudice or fear.

In addition to premeditated murder, Magnotta is charged with criminally harassing Prime Minister Stephen Harper and other members of Parliament; mailing obscene and indecent material; committing an indignity to a body; and publishing obscene materials.

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