MONTREAL — Luka Rocco Magnotta will stand trial next year for the death and dismemberment of Chinese student Jun Lin, but not without a fight from his defence team.

His attorney, Luc Leclair, says he might appeal a decision by Quebec court judge Lori-Renee Weitzman to have Magnotta tried on first-degree, rather than second-degree murder.

Earlier this month Weitzman committed the body-parts case to trial after hearing 32 Crown witnesses.

"We're in the process of studying the evidence and especially the judge's decision," Leclair told reporters. "We're waiting for the transcript of the judgment to determine if we'll appeal."

He said an appeal would be separate from the trial start date of September 15, 2014. Leclair said the Crown presented circumstantial evidence during the 11-day preliminary hearing.

Defence counsel had tried and failed to have the main charge against Magnotta downgraded to second-degree murder.

Had the defence been successful, a jury would have been limited to a second-degree murder conviction or a lesser charge, which would have meant parole in as little as 10 years for Magnotta.

The former small-time porn actor from Toronto is charged with killing and dismembering Lin in May 2012.

He's also charged with causing indignity to Lin's body, broadcasting obscene material, using the postal service to send obscene material and harassment of Prime Minister Stephen Harper and other members of Parliament.

Witnesses against Magnotta included a blood-splatter expert, a forensic pathologist and an official at Conservative Party headquarters where a body part was mailed.

Jun Lin's father, Diran Lin, attended court for a few days, but had to leave the room in tears more than once due to graphic evidence.

The trial is expected to last six to eight weeks, by which time more than two years will have passed since Magnotta's arrest.

A heavy caseload at the Montreal courthouse is to blame for the delays.

Also on Monday, the Crown said it might move part of the trial to a foreign country in order to examine a witness, who they refused to name.

The judge, the Crown, the defence and their staff would fly to the country in question and hold a hearing. A recording of the hearing would be played at trial.

Such measures are taken when it's impossible for a particular witness to travel to Canada for trial.