Sarnia man loses appeal of underage sex case that got him a 9-year sentence

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Trevor Duncan, 40, initially faced 17 charges linked to four underage female complainants, whose identities are covered by a publication ban. Following a five-day trial in April 2023, the former journeyman was acquitted of 13 of the charges.

But he was found guilty by Superior Court Justice Russell Raikes of two counts each of sexual assault and sexual interference. The sexual assault convictions were later stayed and he was sentenced in November 2023 to nine years in prison for two counts of sexual interference.

Duncan, whose lawyer said at the time he maintained his innocence, got bail pending his appeal of the convictions, but he was arrested May 9 and charged with two new counts each of assault, sexual assault and sexual interference along with single counts of invitation to sexual touching and uttering a threat to cause bodily harm. The identities of the complainants in the new case are also covered by a publication ban.

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Duncan eventually got bail again, this time for $10,000, and three judges with Ontario’s Appeal Court heard his appeal on Oct. 25. A written decision by Justice Jonathan Dawe was released Nov. 29.

“I would dismiss his appeal,” he wrote.

Little can be reported from the 54-paragraph decision as it could potentially expose the identity of the complainants. Justices Sarah Pepall and Jill Copeland wrote they agreed with Dawe’s decision to dismiss the appeal.

Duncan’s appeal lawyer couldn’t immediately be reached Tuesday to find out if he is planning any further appeals. It’s also unclear if he’s back in custody serving the sentence imposed last year.

The Crown had asked for a sentence between 10 and 12 years while Duncan’s trial lawyer suggested between six and seven years. Raikes said he was initially considering 8.5 years for a conviction linked to one survivor and 2.5 years for the other, but felt 11 years in total was excessive for the first-time offender. Nine years was a fit and just sentence, he concluded.

Duncan’s new case has a hearing set for Jan. 6 in Sarnia.

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@ObserverTerry

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