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A man accused in the death of a York University student from China sexually assaulted the young woman in a “disturbing” attack, his lawyer acknowledges, but he did not mean to kill her.

Brian Dickson, 32, has pleaded not guilty to first-degree murder in the death of Qian Liu, but his lawyer urged the jury in closing arguments Friday to find Dickson guilty of manslaughter.

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That’s what we suggest happened in this case.” Nuttall suggested that the Crown’s motive theory defies common sense.

It happened in Dickson’s own building with other tenants around, including others occupying other basement apartments, Nuttall said. Did Dickson think, “I’m going to commit murder because I don’t want anyone to know I was fooling around with her without her consent? “There’s a lot of difference between getting caught for trying to steal some sex and getting caught for murder.” Liu was found dead mostly naked and face down on the floor of her room.

The ex-boyfriend, Xian Meng, testified that the man at the door appeared to ask Liu for her cellphone, which she retrieved for him.

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Nuttall suggested Liu’s death was an accident amid a bizarre sexual assault — partly witnessed by her ex-boyfriend via webcam.

The pathological and DNA evidence fits with a scenario of Dickson sitting on her chest while he was “sexually excited” with her neck cricked, Nuttall said. ” One forensic pathologist concluded Liu’s cause of death was unascertained, though mechanical asphyxiation — which could include neck compression — was the best overall explanation.

“How could you infer from that that he knew sitting on her chest and perhaps with her neck and her head at an awkward angle would cause somebody to die? A second forensic pathologist definitively concluded it was mechanical asphyxiation.

After a period of silence he heard the man breathing heavily and moments later the man appeared naked in front of the webcam and turned off the computer, Meng testified. Dickson had murderous intent.” The Crown argues that Dickson forced himself on Liu, which is what Meng witnessed via webcam, then killed her to cover it up. “When she resisted he was caught by the potential discovery of his actions.

The jury should have no difficulty finding that Dickson sexually assaulted her and it caused her death, Nuttall said in his closing arguments. At that point he had motive to silence her and to kill her.

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