New Trial Ordered for Vancouver Man Whose Second-Degree Murder Conviction Was Overturned

Subhadarshi Tripathy

9/2/20262 min read

A Vancouver man convicted of second-degree murder in the fatal stabbing of another resident at a psychiatric facility will face a new trial after British Columbia’s highest court overturned his conviction.

Yasin Rashid, who was 23 at the time of the killing, had been convicted in the September 2019 death of 29-year-old Kyle Gabriel.

During his original trial, Rashid’s lawyers argued that he should be found not criminally responsible on account of mental disorder, or NCRMD.

Crown prosecutors argued that the evidence supported a conviction for second-degree murder.

The B.C. Supreme Court ultimately found Rashid guilty, concluding the Crown had proven the offence beyond a reasonable doubt.

The B.C. Court of Appeal has now ruled that errors were made in assessing whether Rashid had the specific intent required for murder.

Appeal Court Says Intent Was Not Properly Analyzed

In a decision released Tuesday, Justice Janet Winteringham said the lower court failed to adequately consider Rashid’s intent at the time of the stabbing.

“The judge’s ultimate conclusion that he was bound to convict Mr. Rashid ... was a conclusion reached in the absence of any consideration of specific intent or whether the lesser included offence of manslaughter was available,” Winteringham wrote.

“There was no analysis regarding the impact of his mental disorder on the issue of specific intent.”

As a result, Rashid’s second-degree murder conviction has been set aside and a new trial ordered.

Fatal Stabbing Happened at Mental Health Facility

Rashid and Gabriel were both living at a mental health facility for young people in Vancouver’s West End on Sept. 10, 2019.

According to the appeal court decision, Rashid had been diagnosed with schizophrenia the previous year.

He had reported hallucinations, paranoia and beliefs that people were following him and trying to kill him.

Before Gabriel’s death, Rashid told staff that he had begun experiencing visual hallucinations again after stopping his anti-psychotic medication.

At approximately 8 p.m., another resident saw Rashid and Gabriel together in Gabriel’s bedroom.

Several minutes later, staff members heard loud screams.

Rashid was then seen leaving the facility while appearing “shocked and wide-eyed,” according to the judgment.

Gabriel came downstairs holding his neck, which was bleeding heavily.

He was transported to hospital but later died.

DNA Found on Knife

A bloodied knife was recovered from Gabriel’s room.

An autopsy and forensic testing confirmed Rashid’s DNA was present on the weapon.

At trial, neither the defence nor the Crown disputed that Rashid caused Gabriel’s death.

The central legal issue was whether Rashid possessed the mental intent necessary to be convicted of second-degree murder.

Mental Disorder Central to Appeal

Second-degree murder carries an automatic life sentence and requires the Crown to prove both that the accused caused the death and that the accused possessed the necessary intent to kill or cause bodily harm knowing death was likely.

Rashid’s defence sought an NCRMD finding, which resulted in psychiatric assessments being conducted.

The original trial judge accepted that Rashid was suffering from a mental disorder at the time of the stabbing but rejected the NCRMD defence.

The Court of Appeal found, however, that the lower court did not sufficiently analyze how that mental disorder may have affected Rashid’s ability to form the specific intent necessary for murder.

Winteringham said the appeal court could not determine how the trial judge had dealt with that issue.

Rashid’s murder conviction has therefore been overturned, and the question of his criminal liability will be considered again at a new trial.

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