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Convicted paedophile Neil Duncan’s sentencing adjourned for second time whereas he recovers from most cancers surgical procedure

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A pedophile convicted of sexually abusing younger ladies in South East NSW has had his sentence suspended for the second time this 12 months whereas recovering from prostate most cancers surgical procedure.

On June 2, Neil Duncan was convicted in Queanbeyan District Court docket on eight counts of sexually groping three ladies underneath the age of 16 within the Bega Valley and Kosciuszko Nationwide Park in 2019.

The 67-year-old’s sentencing was delayed in August so he may have prostate most cancers surgical procedure and bowel most cancers assessments in September.

The previous Bega Valley resident didn’t converse when he appeared on Monday by way of audiovisual hyperlink at District Court docket in Sydney from his house in Tamworth, the place he’s recovering from surgical procedure.

The courtroom heard that he was suggested by his physician to not journey for well being causes.

Because of the incapability to look in particular person, the case was adjourned till November.

Duncan will stay on bail till then.

Controversy over bail determination

Queanbeyan District Court docket Choose Robyn Tupman’s determination to launch Duncan on pre-sentence bail drew the eye of NSW Lawyer Common Mark Speakman in June, who requested the Director of Public Prosecutions to assessment resolve once more.

Duncan was arrested at a Narrabri Pony Membership occasion every week after his conviction however was re-released after failing to show he had breached his bail circumstances.

Bega Valley Shire sign
Duncan’s offenses passed off all through the Bega Valley on the NSW south coast and in Kosciuszko Nationwide Park.(ABC Southeast: Adriane Reardon)

Duncan was additionally talked about in a speech to the NSW parliament forward of NSW’s determination to amend the bail Act, with adjustments to the Act then coming into impact on June 27.

These adjustments imply {that a} decide is now required to refuse bail after conviction and previous to sentencing for an offense for which the defendant can be sentenced to full-time jail until in any other case doable. show distinctive or distinctive circumstances.

Nonetheless, the Supreme Court docket rejected prosecutors’ software for remand in July after Duncan’s lawyer instructed the courtroom he had beforehand been identified with most cancers and required surgical procedure. underneath “particular circumstances”.

Choose Tupman then adjourned the sentencing in August so Duncan may bear surgical procedure in September.

Neil Duncan leaves court with his attorneys.
Neil Duncan had his sentencing postponed for the primary time in August so he may bear surgical procedure.(ABC Information: Adriane Reardon)

Sentencing date is determined by courtroom schedule

In courtroom on Monday, each the prosecution and the protection made their ultimate submissions.

Duncan’s attorneys argued that media protection of the case must be taken into consideration when Choose Tupman reviewed her ruling and argued that the protection had “troubled his household”.

The decide instructed the courtroom that a number of earlier stories incorrectly asserted that Duncan had breached bail at Narrabri and that these stories had not been corrected since that point.

The 67-year-old must seem in particular person, both in Sydney or in Tamworth, however Choose Tupman famous that the date might be modified relying on different courtroom commitments.

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