A man who murdered a woman in her Edmonton home in 2019 has lost his appeal.
Hunter Alexander Duncan was found guilty of second-degree murder of 25-year-old Breianna Schamber in December 2022.
Schamber’s body was found in her Duggan-area home on Dec. 3, 2019.
An autopsy showed she was strangled.
Duncan was arrested and charged six months later.
Court documents show Duncan arrived at Schamber’s home on Dec. 2, 2019, after agreeing to pay her for sex.
A fight broke out between the two after the sexual activity was completed when Schamber went through Duncan’s wallet and discovered he didn’t have money.
Duncan testified that Schamber grabbed his cell phone, smashed it on the ground, grabbed a jug of liquid and threw it at him.
He said he grabbed his phone and wallet, and ran from the house.
Earlier this month, he appealed his conviction on the grounds that the judge did not instruct the jury on the defence of provocation, among other claims.
On Friday, his appeal was dismissed.
The appeal judges found in order to invoke the defence of provocation, the wrongful act “must have occurred without warning or have been unforeseen.”
“Mr. Duncan clearly testified that the victim’s actions were not unexpected. He was preparing himself for her bad reaction to his failure to pay for sexual services rendered. Her actions were not without warning, unexpected, or unforeseen,” the judges wrote in their decision.
Shamber left behind a young son.