It was a home invasion with a deadly outcome. Now, a trial for Dustin Trevor Sand has gotten underway more than two years later.
On Monday, Sand stood up and pleaded not guilty to each of the six counts laid against him — charges that include manslaughter, break and enter with the intent to commit an indictable offence and use of an imitation firearm.
The charges stem from a deadly home invasion on Garrison Crescent on Oct. 14, 2015, a break and enter that would lead to Corey Favel’s death after the 25-year-old sustained a gunshot wound.
What makes the case so unusual is that Favel was one of the men who is alleged to have broken into the home with the accused, and Sand never pulled the trigger.
At the time, police said it was an an occupant inside the home that was the one who fired the fatal shot.
No charges were laid against that individual, however, based on evidence that was provided to police and consultation with the Crown.
“There’s lots of case law that says if I hire somebody to go and do a robbery, for instance, and if somebody dies, then I would be on the hook for manslaughter,” senior Crown prosecutor Melodi Kujawa said.
“The twist in the tale in this one is that is wasn’t an innocent person that was shot and killed, it was one of the home invaders, but the test for manslaughter is objective foreseeable of bodily harm.”
According to Kujawa, case law doesn’t say that it has to be an innocent person who dies or is harmed during a crime.
“Since this has all happened, one of the co-accused who plead guilty appealed his sentence,” Kujawa added. “And the court of appeal commented on the fact that it was objectively foreseeable that somebody would die — be it someone in the home or someone doing the home invasion.”
The trial is slated to run all week and is being tried by judge alone.
The three key witnesses scheduled to testify are the co-accused in this case, who have already pleaded guilty and are among the 10 witnesses expected to be called by the Crown.
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During day one of proceedings, the majority of what was heard in court is part of a voir dire, or a trial within a trial.
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