A British Columbia Supreme Court judge has delivered a verdict of manslaughter against
Justice Kathleen Ker presided over the trial, ultimately acquitting the defendant of the more serious charge of second-degree murder. Gosal, who has remained in custody since his arrest immediately following the altercation, was found to have exceeded the legal bounds of self-defence during the fatal encounter.
The Confrontation and Legal Findings
The court examined extensive CCTV footage to reconstruct the events leading to the stabbing. The evidence established that the conflict began when Schmidt objected to Gosal smoking cannabis near the entrance of the café. According to the court’s findings, Schmidt, who was accompanied by his partner and their young child, initiated the physical confrontation by approaching Gosal and adopting a fighting stance.
Justice Ker noted that the footage showed Schmidt punching toward the defendant and cornering him. During the ensuing struggle, Gosal produced a knife from his hoodie pocket and inflicted six wounds to Schmidt’s neck and torso. Schmidt collapsed on the patio less than 30 seconds after the physical altercation commenced. While the judge acknowledged that Gosal likely feared for his safety, she concluded that the level of force employed was disproportionate to the threat, moving beyond the scope of lawful self-defence.
Mental Health and Trial Testimony
The trial also addressed the defendant's mental health, with the court hearing that Gosal suffers from schizophrenia, accompanied by psychotic symptoms and delusions of reference. Testimony revealed that Gosal had ceased taking his prescribed antipsychotic medication prior to the incident. Upon the arrival of law enforcement at the scene, Gosal surrendered and reportedly told officers that he had acted because the victim had come after him.
During the proceedings, the prosecution challenged the credibility of Gosal’s testimony, pointing to significant inconsistencies regarding his alcohol consumption, his account of how he acquired the weapon, and statements provided to psychiatric professionals. Although Justice Ker identified these discrepancies, she determined that the evidence presented by the Crown was insufficient to secure a second-degree murder conviction, citing reasonable doubt. A date for the sentencing hearing has not yet been set, and the court will consider credit for the time Gosal has already served in custody.
