The fates of accused killers Dellen Millard and Mark Smich will soon be in the hands of the jury at the Laura Babcock murder trial in Toronto.

Deliberations are expected to begin midday today, after seven weeks of testimony and a marathon three-day charge to the jury in Ontario Superior Court.

This morning, Justice Michael Code is taking the jury line by line through the final pages of his 350-page charge, including an overview of all of the evidence and how the jury can reach a verdict.

Code is going through one final section of the Crown's evidence, before he will recap what Millard presented during his defence. He expects the jury to begin deliberating on a verdict by lunch time.

Babcock was 23 when she disappeared in early July 2012. The University of Toronto graduate, who dreamed of becoming an actress, hasn't touched her phone, bank, and social media accounts since. None of her family and friends have heard from her.

​For more in-depth coverage, follow our live blog from inside the courtroom here. On mobile? View it here. 

Millard, 32, of Toronto, and Smich, 30, of Oakville, Ont., have both pleaded not guilty. Millard, who is acting as his own lawyer, and Smich's lawyer both suggested Babcock may have "disappeared by choice."

Code earlier explained jurors have three verdict options: first-degree murder, second-degree murder and manslaughter, even though Millard and Smich both face a first-degree murder charge.

"If you have reasonable doubt as to whether Ms. Babcock is dead, then you would find both accused not guilty. You would proceed no further in your deliberations," Code said Monday.

Dellen Millard

Millard, 32, faces a charges of first-degree murder in Babcock's death. (Court exhibit)

Babcock worked briefly, for about a month, as an escort before she vanished. The defence also argued Babcock could very well be dead, by overdose or suicide.

During closing addresses, the Crown said if that was the case, Babcock's body would have been found. Instead, prosecutors argued Babcock was murdered, and her body later burned inside an animal incinerator.


Previously, at the Laura Babcock murder trial:

Read CBC News's full coverage as the trial continues.


Planning and deliberation

On Monday, Code said if jurors believe Babcock is dead, then they will have to consider if Millard and Smich caused her death, and if they planned it — planning and deliberation, he added, are crucial to a finding of guilt in a case of first-degree murder.

Since the trial began on Oct. 23, the Crown put forward its theory that Millard and Smich conspired for months to kill Babcock, to undo a love triangle.

Crown attorney Jill Cameron

Crown attorney Jill Cameron enters court at the start of the trial in late October, along with her colleagues Ken Lockhart and Katie Doherty. (Martin Trainor/CBC)

Babcock and Millard dated briefly, and, court heard, continued to have sex before she disappeared.

Text messages Millard sent to his girlfriend at the time, Christina Noudga, seem to suggest Babcock was a problem he promised to get rid of.

During closing addresses, Crown attorney Jill Cameron told the jury, "if you still have any doubt Laura Babcock died on July 3, remember both Smich and Millard tell us so."

Cameron pointed to letters Millard wrote to Noudga, and rap lyrics written by Smich, as well as confessions to two of his friends.

"When they did that, neither had been arrested for her murder. How did they know she was dead? Because they were there," Cameron said.

Mark Smich - BABCOCK

Court has heard accused killer Mark Smich, 30, was a wanna-be rapper. (Court exhibit)

Deliberations expected to begin before lunch

As part of his charge Monday, Code took the jury through many texts previously seen in court, including ones exchanged between Millard and Smich months after Babcock's disappearance.

On Oct. 13, 2012, Smich wrote Millard, "you still gotta keep everything on the low. Cuz ppl kno to much."

On Nov. 6, 2012, Millard wrote something similar to Smich, saying, "some people already know too much, can't talk about that real life shit."